Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)
…what good are they, and what good is the law letting NCMEC share them with providers? This case illustrates Eric’s observation that “determining if a content item is CSAM isn’t…
Another Lawsuit Over Online Content Restrictions Fails–Qian v. YouTube
Qian uploaded content to YouTube, which YouTube restricted in various ways. Qian sued YouTube for breaching its TOS. The district court granted summary judgment to YouTube. The Second Circuit affirms….
Section 230 Still Applies to Email Forwarding–Motekaitis v. USI
Motekaitis and Kneass worked for USI. There were rumors about the circumstances of their departure. Marsh & McLennan (MMA) was contemplating hiring Motekaitis, but then an email from a USI…
Serial Copyright Plaintiff Lacks Standing to Enforce Third-Party Copyrights–Viral DRM v 7News
This case involves Viral DRM, which syndicates third-party videos of extreme weather events. It claims that 7News Australia downloaded videos from YouTube, stripped out the copyright management information (CMI), and…
Section 230 Doesn’t Apply to “Refer-a-Friend” Text Message–Jensen v. Capital One
Capital One has a “refer-a-friend” program for its customers. Capital One provides its customers with promotional content and a customer-specific referral URL. Customers can edit the content as they see…
Court Overturns a Bad Jury Verdict Against Scraping–Ryanair v Booking (Guest Blog Post)
by guest blogger Kieran McCarthy This summer, I wrote that the jury trial between Ryanair and Booking Holdings ended in the strangest way possible. The jury returned a verdict that…
The Ninth Circuit Has a Lot to Say About Online Contract Formation (Much of It Confusing)–Chabolla v. ClassPass
I previously summarized this case: The plaintiffs claim they signed up for a ClassPass membership but got unexpectedly auto-renewed. (ClassPass appears to be an aggregator of third-party fitness classes). ClassPass…
Another Conflict Between Privacy Laws and Age Authentication–Murphy v. Confirm ID
This opinion is a routine ruling over TOS formation and whether disputes must go to arbitration. However, before I dig into that question, I need to note the case’s chilling…
Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok
The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to…
Blogiversary: How the Blog Helps Readers (Part 5 of 10)
…in my small hobby shop adventure. Even to this day. Finally I found out through your blog what was going on. Eric, you are like a knight in shining armour….