Omegle Defeats Lawsuit Over User’s “Capping”–MH v. Omegle
…I filed a rebuttal report in this case in the district court proceedings, but the court granted the motion to dismiss without considering any of the expert reports. More SESTA/FOSTA-Related…
Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)
…And on December 10, the supervising district judge adopted the magistrate’s report and recommendations. In ruling that Gifford’s vicarious copyright infringement claim was sufficiently pleaded, the magistrate judge explained that…
A 27-Month Check-In on the Copyright Claims Board (CCB) (Guest Blog Post)
By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September…
Expert Witness Used Generative AI to Prepare His Report. It Didn’t Go Well–In re Weber
…this, Ranson’s report showed how much money the trust would have had if it had sold the property twenty years ago and invested the proceeds in a Vanguard mutual fund….
Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker
…but this case is being resolved on a motion for judgment on the pleadings. Typically, a consumer survey would be introduced through an expert report, well after filing the complaint….
Five Decisions Illustrate How Section 230 Is Fading Fast
…Magistrate Judge Barksdale appears to be an Obama appointee). Because this is a magistrate report, it will be reviewed by the supervising judge. For all of its prolixity, it’s shockingly…
Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG
…Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman * Allegedly Wrong VeRO Notice…
Court Enjoins the Utah “Minor Protection in Social Media Act”–NetChoice v. Reyes
…cited the 2023 Surgeon General’s report, but the court says that report “offers a much more nuanced view of the link between social media use and negative mental health impacts…
Robert F. Kennedy Jr. Is Breaking Internet Law Faster Than I Can Blog It
…this opinion without any structural integrity. An example of the trash logic Doughty wields: [After summarizing a 2020 report, the “Long Fuse”:] The Court acknowledges that the Long Fuse report…
Ninth Circuit Enjoins Much of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
…path, saying bluntly that “the Content Category Reports are not commercial speech.” The court explains that the reports “require a company to recast its content-moderation practices in language prescribed by…