Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial
…marketing company that generates leads. With respect to one of the plaintiffs, Fluent’s website (which offered free items) asked the plaintiff to “confirm her zip code”. The zip code was…
Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
…at another’s request and (3) handed it over, intending the other party copy and distribute it. Newsweek tried to argue that the relevant content in question was the embed code,…
Another Problematic FOSTA Ruling–Doe v. Pornhub
…to certain labeled scenes in videos depicting CSAM; they employ coded language for CSAM content to ensure that such content is visible to users who search for it; and their…
Court Enjoins Texas’ Attempt to Censor Social Media, and the Opinion Is a Major Development in Internet Law–NetChoice v. Paxton
…[cite to NetChoice v. Moody] Making those decisions entails some level of editorial discretion, even if portions of those tasks are carried out by software code. While this Court acknowledges…
Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed
…of Eavesdropping Device: Section 635 of the California Penal Code prohibits the sale, possession, manufacture, sale (etc.) of an eavesdropping “device.” The complaint only alleges that Nike “possessed” FullStory’s code…
Trump’s Must-Carry Lawsuit Against Twitter Moved to Twitter’s Home Court–Trump v. Twitter
…“Court does not find, nor do the Plaintiffs cite to, any section of the code that prevents a federal actor from accepting a forum selection clause.” It also says that…
If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google
…were physically altered in any way. Nor were Plaintiffs’ servers disrupted.” Instead, the adware bar’s display customization takes place solely on the user’s device, supplementing how the code renders on…
Texas Enacts Social Media Censorship Law to Benefit Anti-Vaxxers & Spammers
…computer code, obscene material, material depicting sexual conduct, or material that violates other law” This is coupled with a private right of action: the lesser of $10 per impeded email…
A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post)
…ethnic violence (§ 130 German Criminal Code), the emoji at issue were treated as expressions of personal opinion and not as incorrect statements of fact. In his use of the…
FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter
…230 (including a cite to In re Facebook, discussed below). Cal. Civ. Code section 1708.85(a) (non-consensual pornography dissemination). The statute doesn’t apply to already-disseminated videos, which the videos-at-issue are. Intrusion…