Another Reason Not To Let People Borrow Your Cellphone--Olsen v. Henderson

Pro-tip: if you’re going to let someone borrow your phone, make sure you don’t have any sexy selfies that can be freely accessed by anyone who accesses the phone. (Probably a good idea to secure your photos anyway.) Brian Olsen…

Epinions, The Path-Breaking Website, Is Dead. Some Lessons It Taught Us (Forbes Cross-Post)

Before Yelp and TripAdvisor, before blogs or social media, there was Epinions.com. Founded in 1999, Epinions was a consumer review website before we fully appreciated how much we needed consumer reviews. It made several advances over other websites of its…

CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress

Gardner is a wildlife photographer. He sued CafePress and Beverly Teall alleging that Teall sold a product through CafePress displaying one of Gardner’s images. While only one image was at issue in the operative complaint, prior to mediation, plaintiff’s counsel…

Court Blesses Instagram's Right to Unilaterally Amend Its User Agreement--Rodriguez v. Instagram

Instagram revised its terms of service in December 2012. The revisions (1) stated that Instagram was disclaiming “ownership of content” posted by users, as opposed to disclaiming “any ownership rights in content” posted by users; (2) broadened the scope of…

Employer Who Takes Over Employee's Social Media Accounts May Commit Privacy Violation--Maremont v Susan Fredman Design

We’ve blogged about the dispute between Maremont and Susan Fredman Design Group before. Maremont was employed as SFDG’s social media consultant, and when she was injured in a severe accident, SFDG allegedly continued to access (1) a Twitter account registered…

Talk on Why State Legislatures Shouldn't Regulate Internet Privacy

As regular readers know, I view state legislatures as currently the #1 threat to the Internet’s integrity. In the name of “protecting the kids” and “helping the Internet”, state legislatures are manufacturing a slew of anti-innovation laws that cumulatively threaten…

Daughter's Celebratory Facebook Post Really "Sucked"--Gulliver Schools v. Snay

Patrick Snay was headmaster at Gulliver Preparatory School, a private school in the Miami area. The school didn’t renew his contract, so he sued for age discrimination and retaliation. The parties settled confidentially for $150k, broken down as $10k of…

In Its "Innocence of Muslims" Ruling, the Ninth Circuit is Guilty of Judicial Activism--Garcia v. Google

In a ruling that sent shockwaves through the internet community, the Ninth Circuit, with one judge dissenting, found that an injunction should have been granted against YouTube, requiring removal of the “Innocence of Muslims” film. Does Garcia have a copyright…

My Wife Has Lung Cancer. Read Her Story

[Introductory note: I don’t normally cross-post from my personal blog, but this post is so important to me that I wanted to share it here as well.] Nothing in life prepared me for the moment when the doctor told me…

Ninth Circuit Turns Out The Lights on California 'Shine the Light' Case

California’s “Shine the Light” statute is designed to facilitate transparency about the information collection and marketing practices of companies. The statute requires companies to disclose to customers the types of consumer information a company discloses to third parties for direct…