Partial Screenshot Qualifies as Fair Use (on a Motion to Dismiss)--Yang v. Mic

We’ve blogged about a few cases involving screenshots of newspaper pages consisting of copyrighted photos, including Clark v. TransAlt and Hirsch v. Complex Media. This case adds to that canon, but not in a particularly enlightening way. The screenshot at…

Section 230 Helps Search Engine Defeat "Right to Be Forgotten" Lawsuit--Mosha v. Yandex

Looking holistically at the broad arc of Internet Law history, I could make a good case that the EU’s Right to Be Forgotten marked the beginning of the end of the modern Internet. It was the first time that a…

Attorney Richard Liebowitz has filed more than 1,100 lawsuits since the beginning of 2016, a campaign this judge calls a “downpour.” This initiative has not gone smoothly. The court recaps: Mr. Liebowitz has been sanctioned, reprimanded, and advised to “clean…

Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads--Harbor Breeze v. Newport Fishing

The litigants compete in the whale watching industry in LA/Orange Counties. The plaintiffs operate out of Long Beach/San Pedro, the defendants out of Newport Beach. If you’re not familiar with the geography, Long Beach and Newport Beach are about 20…

IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. FTC

Prof. Mark Lemley (Stanford Law) and I filed an amicus brief in 1-800 Contacts v. FTC with the Second Circuit on behalf of 29 professors of intellectual property, Internet law, and antitrust. The abstract: The case involves 1-800 Contacts’ settlement…

Illinois enacted a biometric privacy statute which restricted the collection of biometric identifiers. Plaintiffs, Illinois residents and Facebook users, alleged that Facebook violated this statute by collecting, storing, and processing their face-scans without their consent and without establishing the requisite…

Terrible Ninth Circuit 230(c)(2) Ruling Will Make the Internet More Dangerous--Enigma v. Malwarebytes

The Ninth Circuit has issued a Section 230(c)(2) opinion that creates significant problems for anti-spyware/spam/virus vendors (I’ll call them “anti-threat vendors”). The ruling will paralyze their decision-making, expose them to greater legal threats, and reduce their ability to protect consumers…

And At the End of the Day, the CCPA Remains Very Much the Same (Guest Blog Post)

by guest blogger Tanya Forsheit I am back to provide a post mortem on what many have portrayed – inaccurately – as a long and successful battle by business interests to gut the CCPA. The legislative session is over and,…

Court Enforces Arbitration Clause in "Modified Clickwrap"--Chen v. Sierra Trading Post

This case doesn’t break any new ground, but it’s typical of what I’m seeing. The plaintiffs claim that the retailer Sierra Trading Post (STP) provides misleading comparison prices. STP sought to send the case to arbitration based on its TOU…

Ninth Circuit Says LinkedIn Wrongly Blocked HiQ's Scraping Efforts

Fans of scraping cases may rejoice. The Ninth Circuit issued its long-awaited opinion in the hiQ v. LinkedIn case (it was argued in March 2018, so the opinion took about 18 months). It rules in favor of hiQ. hiQ was…