Copyright Claims Board (CCB) Opt-Outs - How’s That Going? (Guest Blog Post--Part 1 of 3)

by guest blogger Elizabeth Townsend Gard  [Eric’s note: this is the first of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes.] CCB respondents may opt out of a proceeding within 60…

Venkat's Blog Post Unjustly Removed from Google Search Results Due to EU RTBF Takedown

This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. See, e.g., this post (scroll down for the updates). But every time the RTBF is applied to my blog, it’s probably a wrongful application of…

Section 230 Protects Emailing an Article--Monge v. University of Pennsylvania

This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). For…

Government Submissions to a Trusted Flagger Program Aren't Unconstitutional Jawboning--O'Handley v. Weber

I previously described the plaintiff in this case, Rogan O’Handley, as: a California lawyer with elite credentials (UChicago Law, practice experience as a corporate finance and entertainment attorney) who nevertheless jumped onto the anti-“elites” Trump train and embraced Trump’s Big…

Section 230 Protects BBB from Liability for Consumer Complaints--Amuze v. BBB

Amuze is an online clothing retailer. Consumers left negative reviews of Amuze at the Better Business Bureau of Greater Maryland (BBB-GM) website. (This page?) Amuze sued BBB and BBB-GM for defamation and IIED. The BBB entities successfully invoked NY’s anti-SLAPP…

YouTuber Owes Money to YouTube for Ill-Conceived Deplatforming Lawsuit--Daniels v. Alphabet

Daniels goes by the name “Young Pharaoh.” [An aside: how do you feel about the “pharaoh” invocation? Their empires relied upon slavery, so it seems troubling to me.] He claims YouTube shadowbanned and demonetized him because of MAGA-ish content. Represented…

I’m pleased to share a draft of a new paper, “A SAD New Category of Abusive Intellectual Property Litigation.” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme”…

YouTube Defeats Trademark Lawsuit--Lops v. YouTube

Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one?). He sued YouTube for…

Consumers Don't Think Plant-Based "Milks" Are Cowmilk, But the FDA Wants More Disclosures Anyway

“The issue is, what is milk?” The FDA uses the term “milk” to describe cowmilk [FN], but that isn’t a single commercial product from a nutritional standpoint–there are various versions of “milk” with different fat percentages, with lactose removed, and…

Ripoff Report Gets a Pricey Lesson on Section 230--Selker v. Xcentric

I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018?). In this case, the plaintiff alleges that someone posted a false attack review; he paid Ripoff Report $2,500 to…