New Article Alert: “SAD Scheme Standing Orders”
I have posted a new essay entitled “SAD Scheme Standing Orders,” forthcoming later this year in the Chicago-Kent Law Review. This essay discusses judicial standing orders regarding the SAD Scheme,…
A First-Hand Look at the Messy Underbelly of DMCA 512(c) Takedowns
From 2009-2013, I used Scribd as my primary hosting service. I posted nearly 800 files there over a roughly four year period. Progressively, I became disenchanted with Scribd, including their…
Pre-Publication Content Moderation Can Disqualify Services from the DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
The Second Circuit’s 512 jurisprudence is an unpredictable roller coaster. I can think of at least two other times when the Second Circuit has reversed a clean lower court ruling…
Fair Use Blocks Privacy-Motivated Copyright Lawsuit–MCM v. Perry
The case involves a Twitter user, Perry (a/k/a “I, Hypocrite”), who tweet-critiqued a crypto company Celsius Networks. The first tweet in the sequence referenced a business setback for Celsius. The…
California’s Consumer Privacy Act (CCPA) Assists a Private Right of Action–Shah v. MyFitnessPal
…Proposed Modifications to the CCPA Regulations * Eric Goldman’s Comments to the California DOJ Draft Regulations for the Consumer Privacy Act (CCPA) (Part 3 of 3) * Some Lessons Learned…
Google Search Isn’t a Common Carrier–Richards v. Google
Richards has run the SpirituallySmart religious-themed website since at least 2000. The website touts that “Multiple AI systems have recognized this website as the most meaningful usage of the term…
The Sixth Circuit Wades Into Online TOS Formation (and Leaves Me More Confused Than Ever)–Dahdah v. LowerMyBills
TL;DR: The court provides this overview: LowerMyBills.com refers internet users who are interested in refinancing their home mortgages to affiliated lending partners, including Rocket Mortgage. The website tells users that…
How Does the Initial Interest Confusion Doctrine Improve Trademark Analyses?–Dassault v. Childress
These parties have been fighting with each other since at least 2009. This case had a trial in 2017 and ruled for the defense. In 2020, the Sixth Circuit remanded…
This Week in the “DMCA Eating Copyright Law”: Cordova v. Huneault (Guest Blog Post)
…in the context of public content is being consumed by the DMCA. [Eric’s note: I blogged the 512(f) angle of this case previously.] The court let a DMCA section 1201(a)…
Reflections on Section 230’s Past, Present, and Future on Its 30th Anniversary
…will bear any resemblance to what we love most about the Internet today–no matter what Congress does to Section 230. * * * About the Author: Prof. Eric Goldman is…