Another SAD Scheme plaintiff has been caught judge-shopping. The court’s timeline: March 10, 2025: plaintiff files a SAD Scheme complaint in SDFla, Miami division, that is assigned to Judge Ruiz. March 12, 2025: plaintiff files the sealed Schedule A enumerating…
This is the remand of the disastrous Ninth Circuit decision, where a TAFS judge launched a wrecking ball into the Ninth Circuit’s Section 230 jurisprudence. When the dust settled, the 9th Circuit ruling enables plaintiffs to plead around Section 230…
Tomorrow, the Chicago-Kent Law Review is hosting an online symposium entitled “Unsealing Schedule A.” Follow the link for free registration. I’m not speaking at the event, but I plan to attend and will likely be active during Q&A. I encourage…
When Does Content Moderation Trigger Direct Copyright Infringement?–LoopNet v. CREXi (Catch-up Post)
[My standard lament about Westlaw’s delays processing opinions from the Central District of California.] CoStar (LoopNet) and CREXi are involved in a 5+ year litigation war that has already reached the Ninth Circuit at least once. The docket has 1,200+…
[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing instructions for the cube to the Internet, subject to a…
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab…
TheSoul runs a Facebook account that seeks to publish viral content, much of which it purports to license. BViral is a video licensing organization with a 65k video portfolio. TheSoul claims that BViral sent 512(c)(3) takedown notices to Facebook targeting…
Prof. Betsy Rosenblatt (Case Law) and I filed an amicus brief supporting the Seventh Circuit appeal of a SAD Scheme defendant. The amicus brief was drafted by Wesley Johnson and the team at Cross-Border Counselor LLP. Note: We found out…
This case involves surreptitiously created NCP videos from a college locker room. (Note: this is not a new issue for Section 230–the Doe v. GTE 7th Circuit decision dealt with similar facts in 2003). Murphy allegedly set up the cameras….
The litigants compete in the market for baby/pet gates. The incumbent sells under the brands “Regalo” and “Carlson.” The defendant “Aborder contends that the use of trademark advertising through the purchase of Amazon sponsored ads cannot constitute trademark infringement without…