Q2 2018 Quick Links, Part 5 (Potpourri)
My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for…
Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin
Stross is a photographer who licenses his photographs to real estate agents. He licensed the photos through ACTRIS, a multiple listing service that compiles listings into a database for use…
Another Court Says Competitive Keyword Advertising Doesn’t Cause Confusion
…infringing: “Virtually no court has held that, on its own, a defendant’s purchase of a plaintiff’s mark as a keyword term is sufficient for liability.” Cites to: 1-800 Contacts v….
2H 2017 & Q1 2018 Quick Links, Part 6: Privacy and More
Privacy * A string of great articles from Kash Hill: – Roomba’s Next Big Step Is Selling Maps of Your Home to the Highest Bidder – The House That Spied…
Fifth Court Rejects ‘Material Support for Terrorism’ Claims Against Social Media Sites–Crosby v. Twitter
[Just a reminder that Section 230’s evisceration will happen upon Pres. Trump’s signature] Victims of the 2016 Pulse Nightclub shooting in Orlando, aided by the indefatigable 1-800-LAWFIRM and Excolo Law,…
Top Internet Law Developments of 2017 (Very Late)
…lawsuits. The FTC’s win over 1-800 Contacts now suggests that efforts to suppress competitive keyword advertising are not merely ineffectual, they could be anti-competitive. * Copyright Office Killed Off Section…
Fourth Judge Says Social Media Sites Aren’t Liable for Supporting Terrorists–Pennie v. Twitter
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] This is one of the multitudinous 1-800-LAW-FIRM lawsuits against social media services for allegedly providing…
Social Networking Site Isn’t Liable for User’s Overdose of Drugs He Bought Via the Site–Dyroff v. Ultimate Software
…Mining” Doesn’t Defeat Section 230. In the last year or so, I’ve seen a new anti-Section 230 argument swirling (e.g., 1-800-LAW-FIRM’s suits over social media sites allegedly providing material support…
Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions
…1-800 Contacts’ Trademarks 1-800 Contacts’ competitors definitely want a piece of the action 1-800 Contacts gets from its branded keywords: * AC Lens: AC Lens believes it could benefit from…
Zazzle Loses Copyright Jury Verdict, and That’s Bad News for Print-on-Demand Publishers–Greg Young Publishing v. Zazzle
Greg Young Publishing licenses images for posters, many of which are beach- or surfing-themed. Zazzle users posted item listings that included the copyrighted images. Greg Young Publishing sued Zazzle. In…