This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Despite its lack of novelty, this lawsuit got some media coverage for two reasons: (1) most of the…
by guest blogger Marketa Trimble May a licensor limit a copyright license to a certain part of the European Union? The answer lies at the intersection of EU copyright law, EU anti-geoblocking law, and EU competition law. The three areas of…
This blog post covers an FTC closing letter. A few words about FTC closing letters if you’re not familiar with them. When the FTC staff open an investigation but then decide not to take action, staff issues a “closing letter”…
This is the detritus of Laura Loomer’s lawsuit against Twitter for banning her account. A court previously dismissed those claims on Section 230 grounds. She also sued the Council on American-Islamic Relations Foundation (CAIR), claiming they complained to Twitter about…
* “Department of Justice shut down CityXGuide.com and arrested the site’s owner, for the first time utilizing the criminal expansions created under FOSTA/SESTA.” Notice of proceedings. Indictment. * Emily Morgan, On FOSTA and the Failures of Punitive Speech Restrictions, 115…
* John Bean Technologies Corp. v. BGSE Group, LCC (D. Utah Aug. 13, 2020). Plaintiffs are still litigating keyword metatag cases in 2020… JBT asserts likelihood of confusion under a distinct theory known as initial-interest confusion. “Initial-interest confusion ‘results when…
Cameron Atkinson self-describes himself as “a Christian, a published constitutional scholar, a soon-to-be trial and appellate lawyer, and a general hell-raiser.” He also describes himself as “Liberty’s sheriff” and you can even buy t-shirts apparently depicting him in that role….
* Griffin v. Google, 2020 WL 6781624 (S.D. Ga. Nov. 18, 2020). “Plaintiff only alleges these Defendants failed to screen to make sure their users were legal entities without providing any other basis for liability….Aside from some very limited exceptions,…
* UMG Recordings v. RCN Telecom Services, LLC, 3:19-cv-17272-MAS-ZNQ (D.N.J. Aug. 31, 2020): Plaintiffs have made allegations sufficient to satisfy the knowledge requirement at the pleading stage. As to actual knowledge, Plaintiffs aver that the five million notices sent to…
This is another Amazon marketplace hoverboard case. The majority summarizes its conclusion: While Amazon provides a website for third-party sellers and facilitates sales for those sellers, it is not a “seller” under Arizona’s strict liability law for the third-party hoverboard…