It’s typically pointless to bring a 512(f) claim because the law makes it almost impossible to win. Plus, 512(f) plaintiffs have to consider the possibility of a costly fee shift against them. The plaintiff in this case claims that the…

Facebook Can't Shake Lawsuit Over OnlyFans Bribery Allegations--Dangaard v. Meta

This lawsuit involves troubling allegations that Facebook executives (allegedly, Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. Allegedly, the spiking included naming the plaintiffs on…

Catching Up on Government Officials' Censorship of Constituents on Social Media

Buentello v. Boebert, No. 1:21-cv-00147-DDD (D. Colo. Oct. 28, 2022) The court summarizes: on January 6, 2021, Plaintiff directed tweets at Defendant, criticizing public remarks Defendant made leading up to, during, and after the storming of the United States Capitol…

Another Rough Copyright Ruling for Internet Access Providers--Bodyguard v. RCN

This is another lawsuit against IAPs for subscribers’ BitTorrent activity. As I wrote previously: lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing…

As part of a symposium, I was asked to write a short paper about how the Internet has changed since the mid-1990s when Section 230 was adopted. I chose to address the 1990s stereotype that most early Internet users were…

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid--Porta-Fab v. Allied Modular

Porta-Fab and Allied Modular compete in the modular building space, which has an average sales price of $32k. Allied purchased “PortaFab” as a broad match for keyword ads, showing ads like this (highlighting added): As you can see, Allied’s ad…

Snap and Airbnb Aren't Liable for Tragic Shooting--Jackson v. Airbnb

This case involves a tragedy of a minor shooting another minor (the shooter and the victim’s family disagree about whether it was accidental or intentional). The shooter acquired the gun via Snapchat, and the shooting took place at an Airbnb…

Court Again Rejects Lawsuit Over YouTube's Allegedly Discriminatory Content Moderation--Divino v. YouTube

LGBTQ+ content creators “claim that despite YouTube’s purported viewpoint neutrality, defendants have discriminated against them based on their sexual or gender orientation, identity, and/or viewpoints by censoring, demonetizing, or otherwise interfering with certain videos that plaintiffs uploaded to YouTube.” In…

The facts in this case are so bizarre and outrageous that I had to read them several times: On September 30, 2018, Z.D. underwent an examination and medical testing in the emergency department of a Community facility in Indianapolis. Afterward,…

"Liking" a Facebook Post Isn't Defamatory--Gallagher v. MaternityWise

[WISHING YOU AND YOUR FAMILY A HAPPY THANKSGIVING] In 2018, Young posted a Facebook review accusing plaintiff Gallagher of being a sexual predator. Defendant Croudace allegedly “liked” Young’s post. The court says theĀ  “threshold issue is whether, as a matter…