This case involves two apps that Apple rejected from its app store. The Coronavirus Reporter app “sought to collect ‘bioinformatics data’ from users about COVID-19 symptoms that it would then share with ‘other users and [unidentified] epidemiology researchers.’” Sounds sketchy…

Maybe I’ve missed other cases in this genre, but I don’t recall seeing them. Xandr self-describes as “the only open, end-to-end platform for scaled, sophisticated campaigns on premium inventory across screens on premium inventory from CTV to data-driven linear and…

Airbnb Uses Section 230 to Defeat a Personal Injury Claim--Smith v. Airbnb

I was a little surprised by this ruling. The Ninth Circuit’s HomeAway ruling seemingly eliminated Section 230 for any transactions that Airbnb booked, at least in the Ninth Circuit. Yet, this court finds that Section 230 fully protects Airbnb…amazingly without…

A 512(f) Plaintiff Wins at Trial! 👀--Alper Automotive v. Day to Day Imports

Background A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. Congress recognized how much power it…

Armslist Loses Two Section 230 Rulings, But Still Defeats Both Lawsuits

Armslist has become a critical player for Section 230 jurisprudence in Wisconsin. It’s not going well for Armslist or Section 230. Due to the Seventh Circuit’s troubled Section 230 jurisprudence, two federal district judges in Wisconsin ruled that Armslist didn’t…

Yearbook Defendants Lose Two More Section 230 Rulings

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’ve blogged three yearbook cases so far this year (Callahan v. Ancestry, Knapke v. Classmates, and Sessa v. Ancestry), and today I’ll…

The U.S. Department of Justice Defends Section 230's Constitutionality

The DOJ stirred up some chatter when it announced that it was defending Section 230’s constitutionality in Trump’s lawsuits against the social media services. I wasn’t sure why so many people were buzzing about the move. The DOJ had previously…

Court Enjoins Texas' Attempt to Censor Social Media, and the Opinion Is a Major Development in Internet Law--NetChoice v. Paxton

Earlier this year, the Texas legislature enacted HB 20, a blatant attempt to censor social media service. The Texas law emulated a similar Florida censorship law. In June, a Florida district court enjoined based on the First Amendment and Section…

Catching Up on NetChoice v. Paxton, the Challenge to Texas' Social Media Censorship Law

Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. My blog post analyzing the law. The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few…

Comments on the Copyright Office's Copyright Claims Board Rulemaking

A year ago, at the nadir of the Trump era, Congress attached the CASE Act to an unrelated must-pass bill and authorized a new “small claims court” for copyright owners (called the Copyright Claims Board, or CCB) housed in the…