Section 230 Protects Facebook’s Account and Content Restriction Decisions–Ebeid v. Facebook
…First Amendment of the U.S. Constitution; (iii) California’s Unruh Civil Rights Act, Cal. Civ. Code §§ 51 et seq. (the “UCRA” or “Unruh Act”); (iv) fraud/intentional misrepresentation; (v) breach of…
Recap of the Copyright Office’s Section 512 Study Roundtable
…filtering will affect GitHub despite its exception. Open source code often compiles code from many sources, and filtering could detect and break any of them Siy: it may be impossible…
Ruling in Emoji Beach Ball IP Case Left Me Confused 😕–Kangaroo v. Amazon
…trial as well. Negligence. The plaintiff alleges that Amazon negligently merged its unique product code with its competitor’s code. The court says Amazon “had full control over the content displayed…
Top Internet Law Developments of 2018
…content aggregation. * ABS v. CBS. Remastering songs doesn’t reset copyright protection. * Eichenwald v. Rivello. Perhaps the most interesting case of the year. Can software code sent over the…
An Analysis of Title I and Title III of The Music Modernization Act, Part 2 of 2 (Guest Blog Post)
…and “to the extent reasonably available,” “the international standard musical work code” for the work, and “identifying information for sound recordings in which the musical work is embodied,” including titles,…
Fourth Amendment Limits NYC’s Demands for Airbnb Customer Records
…short-term rental associated with such transaction, including the street name, street number, apartment or unit number, borough or county, and zip code; (2) The full legal name, physical address, phone…
2H 2018 Quick Links, Part 4 (Trespass, Contracts)
…was unauthorized. The second, starting in the late 2000s, was marked by a narrowing of the CFAA and a focus more on the code-based controls of scraping, a move that…
2H 2018 Quick Links, Part 1 (Copyright)
…“reason code” that plaintiffs’ counsel came to use, counsel’s written exchange with eBay reflects that counsel accurately recited plaintiffs’ theory of infringement to eBay, and then relied on eBay’s instructions…
When a $1M+ Publicity Rights Damages Award Isn’t a Win–Olive v. GNC
…from? The relevant provision of Cal. Civil Code 3344 says damages include: the actual damages suffered by him or her as a result of the unauthorized use, and any profits…
An Analysis of Title II of Public Law 115-264: The Classics Protection and Access Act (Guest Blog Post)
…respect to a sound recording fixed before February 15, 1972, shall be subject to the remedies provided in sections 502 through 505 and 1203 to the same extent as an…