Google Books Defeats Copyright Lawsuit Using 512(c)--Avdeef v. Google

The wheels of justice move slowly. To wit, the main Authors Guild vs. Google Books litigation has been percolating in the courts for almost a decade (September 20 is the 10 year anniversary–how do you plan to celebrate?!). Despite the…

Sisterly Online Squabbling Isn't Criminal Stalking

This is a stalking and harassment case. The complainant’s allegations are below: I observed a photograph of a telephone number and a caption stating, “Found on the street. No.callme # anytakers? # foragoodtime.” posted on Instagram by username “[NAME REMOVED]*,”…

The Long-Term Promise of Privacy Federalism, Part 1 (Guest Blog Post)

[Eric’s introduction: as I’ve remarked previously, the academic and policy discourse about privacy focuses principally on the substantive legal boundaries of privacy law and pays comparatively little attention on which policymakers are best positioned to develop and supervise those rules. The…

Judge Expresses Frustration With Overbroad Discovery Requests for Social Media Evidence--Farley v. Callais

As we’ve discussed before, social media accounts are honeypots in litigation; they are irresistible data sources as an encapsulation of a person’s life. As a result, it’s become routine for litigators to seek massive amounts of social media evidence in…

Recent FCC Order Helps Shopkick Defeat TCPA Claims

This is a TCPA lawsuit against Shopkick, a rewards-based app that lets shoppers accumulate and use in-store rewards. Plaintiff brought a putative class action, alleging that Shopkick caused invites to be sent to users’ contacts. Shopkick previously filed a motion…

Gmail Terms of Service Apply to reCAPTCHA During Account Formation--Rojas-Lozano v. Google

This lawsuit against Google alleges that Google unfairly benefits from deploying a CAPTCHA process when users sign up for free gmail accounts. Specifically, the complaint alleged that Google unnecessarily included a second image in the CAPTCHA, and it relies on users…

Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement

This is a lawsuit against Jawbone, a fitness tracker app, alleging that Jawbone’s battery life was significantly shorter than promised, and that it failed to accurately track and measure movement, calorie expenditure, and sleep: [plaintiff] appeared inactive when he had…

Hashtags Are Not Trademarks—Eksouzian v. Albanese (Guest Blog Post)

By Guest Blogger Alexandra Roberts [Eric’s note: Prof. Roberts is a trademark expert at the University of New Hampshire School of Law. She’s writing a paper on hashtags as trademarks, a new topic of growing importance. When I saw this…

Two Tough Section 230 Rulings From Last Week--General Steel v. Chumley & Xcentric v. Smith

Last week, we saw two Section 230 losses. Initially I was troubled by this confluence, but after digesting these opinions, I’m pretty certain they both involve unusual facts that limit any real damage to Section 230’s immunity. However, as usual…

City Can't Use Copyright To Censor Critical Videos--Inglewood v. Teixeira

Joseph Teixeira lives in Inglewood, California, and he’s not a fan of Inglewood Mayor James T. Butts, Jr. (In a sign of remarkable judicial restraint, the judge doesn’t crack a single “butt” joke or pun). Teixeira blogs his objections about…