Ninth Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Ads–Lerner & Rowe v. Brown Engstrand
…trademark to make its sales. Keyword metatags are also distinguishable: “incorporating metatags consisting of a competitor’s trademark into a website code is comparable to displaying or presenting a mark….Even if…
Pixel Case Against Google “Jumps the Shark”–Doe I v. Google (Catch Up Post)
…offers the source code: Google. They allege that their health care providers use Google source code to analyze traffic on their web properties, that their personal health information is transmitted…
Five Decisions Illustrate How Section 230 Is Fading Fast
…law claims treat Grindr as the publisher of third-party content. “Grindr is responsible, in whole or in part, for the “Daddy” “Tribe,” the “Twink” “Tribe,” the filtering code, the “safe…
Ninth Circuit Enjoins Much of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
In 2022, the California legislature went on a censorship bender (which it’s still on). Its 2022 class of online censorship laws included the California Age-Appropriate Design Code (largely declared unconstitutional…
Another Texas Online Censorship Law Partially Enjoined–CCIA v. Paxton
…material that qualifies as obscenity for minors under Texas Penal Code § 43.24. The law also provides privacy-style protections to minors, including bans on targeted advertising and parental control over…
When It Comes to Section 230, the Ninth Circuit is a Chaos Agent–Estate of Bride v. YOLO
…messages between users.” However, the court’s fact claim that online authentication is “rare” is dicey. Governments are requiring authentication broadly, including California’s Age-Appropriate Design Code that the 9th Circuit just…
Ninth Circuit Strikes Down Key Part of the CA Age-Appropriate Design Code (the Rest is TBD)–NetChoice v. Bonta
…Age-Appropriate Design Code (AADC) Is Unconstitutional Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy Some Memes About California’s Age-Appropriate Design Code (AB 2273) An Interview…
Announcing the 2024 Edition of My Internet Law Casebook
…Ct.) IV. Trespass/Computer Fraud & Abuse Act Review: the Computer Fraud & Abuse Act, 18 U.S.C. §1030 [http://www.law.cornell.edu/uscode/text/18/1030], and California Penal Code §502 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=502.&lawCode=PEN] Comparison of Trespass to Chattels Doctrines…
Section 230 Preempts FOSTA Claim–Doe v. WebGroup Czech Republic
…posting videos and allowing for monetization based on views—the website cannot be said to be a co-developer of illicit content.” A reminder that there is no such thing as “neutral”…
What Happened to Gonzalez v. Google After the SCOTUS Decision?
…the Taamneh decision wiped out its core claim, the plaintiffs shifted to entirely new legal theories: (1) Article 1382 of the French Code Civil which provides, “[e]very act whatever of…