Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris
…blog post) based in part on the fair reporting privilege to defamation, which gives extra protection from defamation for reporting on court filings. On appeal to the Second Circuit, the…
An Overview of Congress’ Pending Legislation on Sex Trafficking (Guest Blog Post)
…Policy Operating Group established by the Trafficking Victims Protection Act and the President’s Interagency Task Force to Monitor and Combat Trafficking. The council would prepare a report on human trafficking….
The DOJ’s Busts of MyRedbook & Rentboy Show How Backpage Might Be Prosecuted (Guest Blog Post)
…The Senate Report explains that “Backpage is acutely aware that its website facilitates prostitution.” Backpage’s Michael Lacey reportedly said that while the website had tried to eradicate ads for minors,…
Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church
…512(f)–Brave New Media v. Weiner * Copyright 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…
On Remand, Ninth Circuit Says Robins Satisfied Article III Standing
…consumers. The court says: given the ubiquity of consumer reports in modern life—in employment decisions, in loan applications, in home purchases, and much more—the real-world implications of material inaccuracies in…
White-on-White Trademark Usage Might Constitute Initial Interest Confusion–Agdia v. Xia
…potential customer actually clicked on the link, constitutes credible evidence of “diversion”? As I explained in this expert report, and as the Lens.com case expressly held, an organic search result…
1H 2017 Quick Links Part 7 (Fake News, RTBF, Censorship, Extremist Content)
…North Korea uses sophisticated tools to spy on citizens digitally – report * Inside Higher Ed: “The University of California, Berkeley, will cut off public access to tens of thousands…
1H 2017 Quick Links, Part 6 (Defamation, Section 230, Consumer Reviews)
Defamation * Gillon v. Bernstein, Civ. No. 2:12-4891 (WJM) (D.N.J. Nov. 3, 2016). No liability for negative Ripoff Report. * Jackson v. Mayweather, 2017 WL 1131869 (Cal. Ct. App. March…
1H 2017 Quick Links, Part 4 (Copyright, Patent, More)
…dead. Good riddance. TorrentFreak. Variety. IP Watch. Prior blog post. * The Age: ‘Three strikes’ scheme for Aussie pirates scrapped: report * TorrentFreak: “A new academic study shows that graduated…
When Do Review Websites Commit Extortion?–Icon Health v. ConsumerAffairs
…design and operation of the website.” The court’s approach also implicitly conflicts with the many Ripoff Report and PissedConsumer rulings that addressed the review sites’ implementation. Despite this troubling discussion…