This is a FOSTA case. All FOSTA cases are very complicated. (Indeed, almost all of the opinion is spent explaining the background). If you’re new to FOSTA cases and you are baffled by the layers of inferences and arguments here,…
Strachan created various Facebook pages and an advertising account. “In April 2020, Facebook cancelled Strachan’s advertising account and removed his advertising content from the platform.” Allegedly, Facebook “determined he was selling ‘Adult Services and/or Products,’ i.e., ‘sex products.’” To make…
by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. It’s not that half of federal…
Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule…
by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. v. MSCHF Prod. Studio, Inc., 2023 U.S. App. LEXIS 32063 (2d Cir. 2023), I already had my red grading…
The plaintiff sells remanufactured printer ink cartridges. The plaintiff claims that Amazon listings falsely claim that other merchants’ cartridges are “remanufactured” or “recycled.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon…
Twitter suspended the plaintiff’s Twitter account @Zay_Cipher. He wanted access to his content, so he requested an account download. However, he says the download links provided by Twitter were “defective,” so he sued Twitter pro se. Conversion. “Plaintiff’s simple act…
Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Indeed, they are already filing lawsuits despite the pending Supreme Court appeal hanging over the law. But surprise! The plaintiffs may have to sue in California…
In collaboration with superstar lawyer Michael Kwun, I submitted an amicus brief to the U.S. Supreme Court against the Florida and Texas social media censorship laws. I had previously filed an amicus brief supporting certiorari in the Florida case, and…
A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. The sealing helps rightsowners in several ways, including preserving their ability to proceed without defendant involvement, springing account and cash freezes on defendants to…