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…
2H 2020 Quick Links, Part 3 (Trademarks)
…PLUS® names and trademarks into Rhyno’s website code and metatags, Defendants cause consumers to be diverted to Rhyno’s website, whereby Defendants reap the goodwill Holbrook developed in its name and…
WeChat Executive Order Enjoined Because (Of Course) It’s Unconstitutional–WeChat Users v. Trump
…an app store any hosting that helps the app any content delivery service “transit or peering services” movement of money use of the WeChat app’s “code, functions, or services” by…
The EARN IT Act Has Gotten Even More Terrible. So Of Course It’s Moving Forward
…four main provisions: it creates the misarchitected commission to develop recommendations on how Internet services should handle CSAM it globally replaces the term “child pornography” in the U.S. Code with…
Comments on the “Platform Accountability and Consumer Transparency Act” (the “PACT Act”)
…any “[Federal] civil statute, or any regulations of an Executive agency (as defined in section 105 of title 5, United States Code) or an establishment in the legislative or judicial…
Announcing the 2020 Edition of My Internet Law Casebook
…Code §502 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=502.&lawCode=PEN] Comparison of Trespass to Chattels Doctrines Intel v. Hamidi (Cal. Sup. Ct.) Register.com v. Verio (Trespass to Chattels section) Online Trespass to Chattels: a Failed Experiment V….