Instacart uses Stripe as a payment processor. Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. This is what the court’s opinion had. The applicable disclosures are in the bottom right…
[I did another interview with Mathew Ingram at Galley by CJR] Ingram: Eric, thanks very much for doing this. I know we’ve discussed Section 230 before on Galley, so I don’t want to go over old ground, but is there…
The plaintiff Buckley runs “Top Gun Options,” a site that purportedly teaches users how to trade options. The defendant Moore runs a blog called “TradingSchools.org,” which purportedly does independent reviews of investment products. Moore shot down Top Gun Options in…
[The 2021 edition of my Internet Law casebook is coming soon. This excerpt is a new note on the CCB. TL;DR: I’m not a fan.] Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims…
Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). lululemon is the…
This is yet another #MAGA lawsuit. The plaintiff claimed that Google deindexed conservatives in a biased way. This particular plaintiff chose perhaps the least likely path to advance that claim, emphasizing RICO claims. As we all know, it’s never civil…
Domen posted videos advocating for sexual orientation change efforts (SOCE). Vimeo terminated his account. Domen sued Vimeo for the termination, alleging that it discriminated against him. The district court dismissed Domen’s complaint. The Second Circuit affirmed, in a precedent-setting opinion…
At the request of Centre for International Governance Innovation (CIGI), a Canadian think-tank, I wrote a short essay called “Five Things to Know About Section 230.” It’s a brief-and-breezy overview of Section 230 to get Canadian readers up-to-speed on our…
Selden sued Airbnb for racial discrimination. Airbnb invoked its arbitration clause. Five years ago, the district court sent the case to arbitration. Selden lost the arbitration because a room in an owner-occupied, single-family residence isn’t a public accommodation (similar to…