Court Says No Human Author, No Copyright (but Human Authorship of GenAI Outputs Remains Uncertain) (Guest Blog Post)

by guest blogger Heather Whitney To the surprise of no one, a D.C. district court granted summary judgment for the Copyright Office in Thaler v. Perlmutter, No. 1:22-cv-01564 (D.D.C. Aug. 18, 2023), affirming the Copyright Office’s position that “a work…

Court Doesn't Expect YouTube to Moderate Content Perfectly--Newman v. Google

This is one of several ideologically motivated lawsuits against YouTube for allegedly engaging in “discriminatory” content moderation. The initial cohort of plaintiffs were conservatives (Prager); but then as a purported “gotcha,” the law firm added LGBTQ (Divino) and people of…

Facebook Easily Defeats Lawsuit Over User Posts--Hicks v. Bradford

Whoa, what a flashback. 😵 We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. This case involves a shooting of police officers. Multiple…

Ninth Circuit Easily Dismisses Account Termination Case--King v. Facebook

This is a standard account termination case. The specific facts don’t matter to the outcome, but I enumerate a little more detail in my prior blog post. The 9th Circuit panel’s very short narrative includes: “there is no private right…

DMCA Section 512(c), the notice-and-takedown provision, codifies a simple paradigm. Copyright owners are in the best position to spot and redress infringement, so they should identify alleged infringement to services and seek intervention when they see infringements. This paradigm, however,…

LawTuber Loses Defamation Case--Broughty v. Bouzy

Broughty, using an alias, runs the “Nate the Lawyer” channel, part of the LawTube community, with over a quarter-million followers and 27M views. Like many other LawTubers, he sided against Heard in his coverage of the Johnny Depp/Amber Heard trial….

Another Doctor Learns Why It's Unwise to Sue Patients

Dr. Wilbur Hah is a board-certified cosmetic surgeon in Texas. In 2020, he performed procedures for four patients, Chesson, Gage, Melton, and Robinson (tragically now deceased). All of the patients signed a “Contract of Reasonable Expectations” that restricted “post[ing] any…

More Chaos in the Law of Online Contract Formation

Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. Two top-line takeaways you might get from this…

Instagram Account Termination Case Fails--Johnson v. Instagram

This is yet another account termination case. I just blogged one involving LinkedIn yesterday. Different social media service, same result–case dismissed. Johnson’s Instagram account, @LICKMYKAKEZ, had 2.8M followers. She ran a business selling adult toys and promoted the business on…

Another LinkedIn Account Termination Case Fails--Gundogdu v. LinkedIn

Another account termination case. The plaintiff shared “her religious conservative opinions” on LinkedIn. LinkedIn closed the account because she allegedly shared misleading COVID information. “Plaintiff claims that her beliefs against the COVID-19 vaccines are rooted in religion.” She also claims…