By Guest Blogger Tyler Ochoa [BONUS: Prof. Ochoa will be speaking on this case April 13, 6pm Pacific. Free registration.] On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java…

Section 230 Preempts Contract Breach Claims--Morton v. Twitter

This case involves the model Genevieve Morton. She created nude images and sold them at her website. An interloper, SpyIRL, tweeted some of the images. Morton asked Twitter to remove the images and suspend the accounts. Twitter removed the images…

Another Must-Carry Lawsuit Against YouTube Fails--Daniels v Alphabet

[I’ll discuss Justice Thomas’ latest bonkers statement later this week] Daniels, a/k/a “Young Pharoah,” posted videos to YouTube, apparently of the #MAGA genre. YouTube removed some videos, allegedly “shadowbanned” him (again, I raise questions whether that’s the appropriate term here),…

This case involves two videos by Kinsley that third parties uploaded to the education site Udemy. Udemy promptly honored Kinsley’s takedown notices, but he sued anyways. In a fairly efficient opinion, the court grants summary judgment that Udemy qualifies for…

The defendant was a high school teacher and coach. She sent photos to one of her students, WB, via Snapchat. The court says WB and the defendant never discussed the photos. The court describes the photos as “somewhat risqué” because…

Facebook Defeats Lawsuit Over Alleged 'Shadowbanning'--De Souza Millan v. Facebook

The term “shadowbanning” does not have a single well-accepted definition. In my Content Moderation Remedies paper, I say: “A shadowban keeps a user’s account active, but only the accountholder can see the content.” However, others sometimes use the term as…

Blogger Loses Copyright Ruling Over Photo...But No Mention of the CC-BY-SA License!--Von Der Au v. Imber

Von Der Au is a professional photographer. The photographer took a photo of the Semperoper opera house in Dresden, Germany. The defendant blogs at MichaelGImberBlog.com and republished the photo in a post. The court claims the “value of a license…

New Article: "Content Moderation Remedies"

I’m excited to share my latest paper, called “Content Moderation Remedies.” I’ve been working on this project 2+ years, and this is the first time I’m sharing the draft publicly. I think many of you will find it interesting, so…

State Legislator Doesn't Understand That He Works for the Government--Attwood v. Clemons

Florida Rep. Chuck Clemons has a Twitter account. A constituent, Attwood, tweeted at him that he opposed Clemons’ position on a gun reform bill. Clemons felt the tweet was aggressive. Clemons reviewed Attwood’s tweets, saw profane tweets directed at other…

Star Rating at Google Review Isn't Defamatory--Gursten v. Doe 1

The plaintiff is a lawyer. Doe 2, under the pseudonym “Patrick Anderson,” left a one-star rating for the lawyer (without any explanatory text) on the lawyer’s Google Review page. The plaintiff protested that he never had a client named Patrick…