Third Circuit Declares Copyright Independence for Fireworks Systems–Pyrotechnics v. XFX
…signals—that Pyrotechnics’s control panel and field module can send and understand.” Pyrotechnics’ copyright registration then starts to fall apart. It didn’t register any source or object code. The court says…
Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273, The Age-Appropriate Design Code Act)
…to pursue bills that are likely to hurt, or at least not help, kids. Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by…
Can Facebook Stop Data Snarfers?–Meta v. BrandTotal
…and Abuse Act; (4) violation of California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA,” Cal. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and…
Quick Links From the Past Year, Part 1 (CCPA and Privacy)
…policy includes a section titled “Rights of California Residents,” which addresses requirements of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100 et seq. While these references show…
Section 230 Helps Facebook Defeat Lawsuit Over Scam Ads–Calise v. Meta
…violations of California’s Unfair Competition Law, Cal. Bus. & Prof. Code section 17200, et seq. (“UCL”); and (5) unjust enrichment. Facebook defended on Section 230 grounds. The judge doesn’t see…
Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial
…marketing company that generates leads. With respect to one of the plaintiffs, Fluent’s website (which offered free items) asked the plaintiff to “confirm her zip code”. The zip code was…
Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
…at another’s request and (3) handed it over, intending the other party copy and distribute it. Newsweek tried to argue that the relevant content in question was the embed code,…
Another Problematic FOSTA Ruling–Doe v. Pornhub
…to certain labeled scenes in videos depicting CSAM; they employ coded language for CSAM content to ensure that such content is visible to users who search for it; and their…
Court Enjoins Texas’ Attempt to Censor Social Media, and the Opinion Is a Major Development in Internet Law–NetChoice v. Paxton
…[cite to NetChoice v. Moody] Making those decisions entails some level of editorial discretion, even if portions of those tasks are carried out by software code. While this Court acknowledges…
Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed
…of Eavesdropping Device: Section 635 of the California Penal Code prohibits the sale, possession, manufacture, sale (etc.) of an eavesdropping “device.” The complaint only alleges that Nike “possessed” FullStory’s code…