Deconstructing Justice Thomas’ Pro-Censorship Statement in Knight First Amendment v. Trump
…used mobile operating system in the world. And if companies may now freely copy libraries of declaring code whenever it is more convenient than writing their own, others will likely…
U.S. Supreme Court Upholds Fair Use in Google-Oracle Software Battle (Guest Blog Post)
…task ‘max’ or to place it in a class called ‘Math’).” (Slip. op. at 21) The Java API consists of both declaring code and implementing code. “The declaring code both…
Snapchat Photos Don’t Constitute “Virtual” Physical Presence–People v. White
…notifications for screenshotting). The state prosecuted the defendant for sexual exploitation of a child (Illinois Criminal Code Sec. 11-9.1(a)) on the theory that the defendant exposed herself in a child’s…
New Article: “Content Moderation Remedies”
…bleak realities). Ideally, this paper would help regulators realize why they should not hard-code removal as the sole remedy for online problems; and perhaps the paper could spur fresh thinking…
Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back
…finds them all deficient and grants the ex-members’ motion to dismiss (with leave to amend). CFAA: The CFAA claim is premised on defendants’ violation of the organization’s “Code of Conduct”…
IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v. Redbubble & More
…not direct what is bought, created, or sold. Rather, Pixels controls only the code which facilitates transactions between vendors, Contributors, and buyers, not what images are uploaded onto its service….
CAN-SPAM Requires Falsity or Deception, But What Do Those Words Mean?–Rad v. US
…its civil counterpart in CAN-SPAM (15 U.S. Code § 7704). A good starting point for its interpretation in a civil case is the Fourth Circuit’s decision in the Mummagraphics case….
When Can Plaintiffs Serve Process Via Online Methods? ¯\_(ツ)_/¯
…Code Civ. Proc., § 1010.6; Cal. Rules of Court, rule 2.251; see also Prob. Code, § 1215, subd. (c)), to consider developing pilot programs to test the efficacy of utilizing…
CASE-ing the Joint: The Copyright Alternative in Small-Claims Enforcement Act (Guest Blog Post)
…[17 U.S.C. § 502]; and either actual damages plus the infringer’s profits (to the extent they do not overlap) [17 U.S.C. §504(b)] or statutory damages [17 U.S.C. §504(c)]. If a…
Facebook Isn’t Liable for Account Hack/Hijack–Damner v. Facebook
…a duty.” Breach of Contract. “the SRR makes clear that Facebook did not promise to safeguard Plaintiff’s private information.” A misrepresentation claim also fails. Cal. Civil Code 1798.29. This provision…