Fortnite Defeats Another Lawsuit Over Emote Dance Moves--Brantley v. Epic Games

This case involves the “Running Man” dance, a 2016 fad. (Note: the dance is not the same as the old-skool Running Man dance move, a 1980s classic that I’ve attempted on occasion). A viral video of people doing a “Running…

Brokerage Account Formation Process Upheld--Valelly v. Merrill Lynch

The plaintiffs contend that their Merrill Lynch brokerage money was swept into unduly low-earning accounts. Among other things, they alleged breach of a quasi-contract, a claim that cannot work if there was an express contract. So, at issue in this…

This case involves a Twitter war of words between high schoolers shortly after a local school shooting. Some tweets may have been quoted song lyrics, others were typical nonsense teen bluster, and some may have been legally prosecutable threats. The…

Fox News Is a Flaming Pile of Garbage, But You Can't Sue Them for That--WASHLITE v. Fox News

I can’t understand why anyone watches Fox News. Fox News isn’t a serious news organization. It has instead found a market niche for unwavering partisan disinformation. As Prof. Yochai Benkler (Harvard Law) showed in a comprehensive study of disinformation in…

My Galley by CJR Interview on Trump's Anti-Section 230 Executive Order

At Galley by CJR, I did a one-hour real-time virtual “interview” with Mathew Ingram on the topic of “Trump vs. Social Media.” For background, you may want to review my 5,800 word blog post on Trump’s anti-Section 230 Executive Order…

Section 230 Applies to Publicity Rights Claim--Hepp v. Facebook

Karen Hepp is a TV show host on the Fox 29 channel in Philadelphia. (No “Karen” jokes, please). She claims that “a photograph of her taken by a security camera in a convenience store in New York City was being…

Section 230 Ends Demonetized YouTuber's Lawsuit--Lewis v. Google

Lewis ran a YouTube channel called “Misandry Today.” Misandry is hatred of men, like misogyny but with reversed genders. I didn’t look at Lewis’ content but I worry that its examples of alleged misandry actually might be presented to advance…

Court Rejects Another Lawsuit Alleging that Internet Companies Suppress Conservative Views--Freedom Watch v. Google

This is one of many “conservative” lawsuits claiming that Internet companies engage in bias and discrimination against them. Though they often blame Section 230 for this allegedly discriminatory behavior, this lawsuit fails without any reference to Section 230 at all….

Trump's "Preventing Online Censorship" Executive Order Is Pro-Censorship Political Theater

Introduction We all knew the day would come when the Trump Administration would try to censor the Internet. This was inevitable because of Trump’s dictatorial lust, his antipathy towards independent media sources that can hold him accountable for his actions,…

Court Sends Google Assistant Privacy Lawsuit Back for a Redo

This is a putative class action against Google alleging that Google Assistant actively listened (mistakenly) based on a misperceived voice command. The lawsuit complains about the fact that Google used the recordings from these “false accepts”. The court grants Google’s…