GA Supreme Court Fixes Overbroad Injunction Against Message Board Operator--Chan v. Ellis

This case involves message board posts by a community that criticized Ellis’s copyright enforcement efforts. Ellis sought and obtained a protection order against Chan, the operator of the message board, on the legal grounds that the users’ posts constituted “stalking”….

Court Rejects Bizarre Attempt To Scrub Consumer Review--Goren v. Ripoff Report

I previously blogged about this matter (see also Venkat’s update). A Massachusetts attorney, Goren, was unhappy about a user review of his law firm posted to Ripoff Report, which is well-known for not removing user posts. The plaintiffs sued the…

In IMDb Privacy Case, 9th Circuit Rejects Hoang’s Appeal

Hoang alleged that IMDb improperly used her personal information to find out her real age and published her real age on its website. She argued that this harmed her employment prospects in the industry. The jury ruled for IMDb. Hoang…

Morel Denied Attorneys' Fees In Long-Running Suit Over Photos Lifted From Twitpic

Daniel Morel uploaded iconic Haiti earthquake photos to Twitpic and shared them via Twitter. Getty Images and AFP republished the photos without permission, and Morel scored a big $1.2M verdict when the jury ruled in his favor. However, the court…

Online Dating App Grindr Isn't Liable For Underage 'Threesome' (Forbes Cross-Post)

Many online dating services undertake some efforts to screen out dangerous or problematic members, but what should the law do if those screening efforts aren’t perfect? As a recent case involving Grindr shows, the answer is nothing. Grindr is an…

Court Says Uber and Lyft Drivers May be Employees

Drivers for Uber and Lyft claimed they are employees, not independent contractors. Two different judges hearing these cases both held that factual questions preclude summary judgment in favor of Uber and Lyft. As Judge Chhabria, who is hearing the Lyft…

Theater Employee’s Post-Termination Blogging Isn't a Matter of “Public Concern”

This is a long-running and vitriolic dispute between James Ryan and Yvonne Johnson. Johnson was the director of the Spokane Civic Theater. She hired Ryan to be the music director. A few months after the hiring, Johnson fired Ryan allegedly…

GoDaddy Gets Important Section 230 Win in Second Circuit--Ricci v. Teamsters Union Local 456

GoDaddy won a Section 230 case in the Second Circuit. It’s a short and efficient ruling, but it’s a published opinion and the court says it’s the first Second Circuit opinion on Section 230 (I haven’t double-checked), which makes it…

The Righthaven Debacle, 5 Years Later

You probably recall Righthaven, the now-defunct copyright enforcement entity (some might call it a copyright troll) that purchased newspapers’ copyrights so it could sue small-time bloggers who republished articles; after suing, it would demand financial settlements the bloggers couldn’t afford….

It Takes a Default Judgment to Win a 17 USC 512(f) Case--Automattic v. Steiner

In enacting the DMCA’s notice-and-takedown system, Congress knew copyright owners and others might send takedown notices overzealously. To discourage abuses of the notice-and-takedown system, Congress enacted 17 USC 512(f) to create a new cause of action for sending bogus takedown…