Court Again Enjoins Anti-TikTok Executive Order--TikTok v. US

This is another ruling involving Trump’s efforts to kick TikTok and WeChat out of the United States. This court, interpreting the authorizing statute, previously partially enjoined the Secretary of Commerce’s implementation of the anti-TikTok executive order. Again relying exclusively on…

Another Court Says Embedding Instagram Photos May Be Fair Use--Boesen v. United Sports

This is another Instagram embed case. For my most recent post on that topic, see this post. Plaintiff Boesen is a professional photographer. He captured an image of professional tennis player Caroline Wozniacki near the beginning of her career. Ms….

Section 230 Protects Amazon from Manufacturer's Ad Copy--Brodie v. Amazon

This case involves a product called “Better Than Pasta,” which contains konjac as an ingredient. Konjac can swell as it moves through the intestines, causing potentially serious injuries. As a result, some countries ban konjac products or require warning labels….

[Note: Meshugenah is Yiddish for “crazy.”] This is a brutal opinion. No matter how successful this defendant has been in the marketplace, copyright owner lawfare will almost certainly take it down. R.I.P. Spinrilla. Spinrilla is “a streaming and downloading service…

Google and YouTube Aren't "Censoring" Breitbart Comments--Belknap v. Alphabet

Craig Belknap alleged that Google and YouTube violated the First Amendment and Section 230 by “deleting the citizen ‘Posts” that accompany and follow” Breitbart articles. (This is a pro se/in pro per suit). First Amendment. The court says “Neither Alphabet, nor…

New Ebook on Zeran v. AOL, the Most Important Section 230 Case (Techdirt Cross-Post)

[Cross-posted from Techdirt] Section 230 has become a mainstream discussion topic, but unfortunately many discussants don’t actually understand it well (or at all). To address this knowledge gap, co-editors Profs. Eric Goldman (Santa Clara Law) and Jeff Kosseff (U.S. Naval…

Okularity “represents” several photography clearinghouses. This means that Okularity’s robots scour the Internet looking for clearinghouse photos and then send automated takedown notices for alleged infringements. “Okularity waits until the notices accumulate to the point when a social media platform…

YouTube Defeats Lawsuit Over Cryptocurrency Scam--Ripple v. YouTube

Ripple Labs developed a cryptocurrency called XRP. Scammers phished verified YouTube accounts and then used the hijacked accounts to post YouTube videos–seemingly from Ripple–inducing consumers to transfer their XRP, where they were stolen. YouTube allegedly responded to takedown notices slowly….

A perennial copyright law professor hypothetical: who own the copyright to a person’s vacation photos? Obviously the vacationer owns the photos they take, including any selfies. But if you hand over the camera to a stranger/passerby, who owns that photo?…

Court Sends Wyze Labs Privacy Suit to Arbitration

Wyze provides home security monitoring and cameras. (They have a range of “smart home” products.) Plaintiffs sued Wyze on behalf of a putative class alleging that Wyze failed to safeguard their personal information. Wyze moved to compel arbitration. The court…