Internet Troll’s “Political Shenanigans” Are Protected Speech–State v. Hirschman (Guest Blog Post)
…part of the criminal code). This seems to me to be a needlessly rote approach to statutory interpretation. Defining the scope of criminal liability is a good time for courts…
“Modified Clickwrap” Upheld In Court–Moule v. UPS
…Per California Civil Code § 1670.5(a), rather than letting those two unconscionable aspects doom the contract entirely, the court severs those aspects and deems the remainder of the contract enforceable….
Q2 2016 Quick Links, Part 2 (Terrorism Content, Hate Speech, Thiel/Gawker, Censorship & More)
…to ISIS * NY Times: Facebook Groups Act as Weapons Bazaars for Militias Hate Content * European Commission’s Press release: European Commission and IT Companies announce Code of Conduct on…
Q2 2016 Quick Links, Part 1 (Intellectual Property)
…use of metatags in source code could constitute a violation of the Lanham Act where such use might lead consumers from the trademark holder’s website to the website of a…
Announcing the 2016 Edition of ‘Internet Law: Cases & Materials’
…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 [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9] Comparison of Trespass to Chattels Doctrines 93 Intel…
Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh…
…reports may not result in a harm. The court expresses particular skepticism about dissemination of an incorrect zip code: [i]t is difficult to imagine how the dissemination of an incorrect…
Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation
…Confirms that Pineda v Williams-Sonoma (the Zip-Code-as-PII Case) Applies Retrospectively — Dardarian v. OfficeMax California Supreme Court Rules That a ZIP Code is Personal Identification Information — Pineda v. Williams-Sonoma…
Important and Troubling Video Privacy Protection Act (VPPA) Ruling From First Circuit–Yershov v. Gannett
…Court ridiculous ruling in Pineda that a zip code was PII for purposes of California’s Song-Beverly Act. In this case, the user data was far more identifiable than Pineda’s zip…
Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
…looks to be retreating from EU antitrust fight against Google. Re/code: Microsoft, Google agree to stop complaining to regulators about each other. A thousand private school headmasters are weeping at…
Big Win For Free Speech Online In Backpage Lawsuit (Forbes Cross-Post)
…publisher “had knowledge of the unauthorized use.” California Civil Code 3344(f). Copyright. After the ad was published, one of the victims registered the copyright to the photo depicting her. (The…