Plaintiffs sued Netflix under the Video Privacy Protection Act for Netflix’s display of a subscriber’s queue and recommendation list on televisions connected to the subscriber’s account. In other words, if a household is sitting around in front of a television that accesses someone’s…
When is it appropriate to send copyright takedown notices in the midst of an underlying battle over who owns the copyright? This issue is coming up with increasing frequency, as takedown notices can create more battlefronts for the parties to…
Animal-shaped pillows are cute and fluffy, except when they spur litigation. Recently, the Milo & Gabby brand sued Amazon for IP infringement because merchants allegedly sold knockoffs of its “Cozy Companion Pillowcases.” Amazon has successfully avoided IP liability for its…
The plaintiff runs a pediatric dentistry. It retained defendant PCS to provide cloud services. The dentistry alleges that PCS subsequently locked it out of the cloud services improperly. The dentistry sued PCS for the lockout, and PCS sought to arbitrate…
Plaintiffs sued Neiman Marcus on behalf of a putative class alleging claims arising out of a 2013 data breach. Neiman Marcus informed its customers (in 2014) that an attack had occurred and 350,000 cards had been exposed. Neiman Marcus first…
I created a small number of multiple-choice review questions for the 2015 edition of my Internet Law casebook. Over time, I plan to add many more questions, so this is just a tentative start. Still, for your fun and amusement,…
I have posted the 2015 edition of my casebook, Internet Law: Cases and Materials. It’s available in three formats: PDF ($8), Kindle ($9.99) and hard copy ($20 + shipping/tax, and it includes a free PDF on request). The $8 PDF…
Do you remember the 1990s debates over whether cyberspace is a “place,” and why that might matter? Yeah, we’re back to that. This case involves N.Y. Penal Law § 120.45(3), which occurs when a person (emphasis added): intentionally, and for…
I’m way behind in blogging clickthrough agreement cases, but I’m prioritizing this opinion because of its simplicity. Whitt, who is deaf, sought a loan via a “peer-to-peer lending service” called Prosper. To confirm his identity, Whitt needed to make a…
When a consumer asks a retailer for a product the retailer doesn’t carry, how should the retailer respond? A recent federal appellate court opinion suggested that Amazon.com gave the wrong answers to consumers searching for a watch brand that it…