A Volcanic Opinion in the Fifth Circuit Destabilizes International Copyright Law—Vetter v. Resnik (Guest Blog Post)
By Guest Blogger Tyler Ochoa [Eric’s note: this is another Long Read post from Prof. Ochoa, clocking in at over 10k words.] Territoriality is a fundamental principle of international intellectual…
The Ninth Circuit Wrecked Internet Jurisdiction Law…And For What?–Briskin v. Shopify
I added the Ninth Circuit Briskin v. Shopify en banc ruling to my 2025 Internet Law casebook, and I taught it for the first time in Fall 2025. Wow, that…
Relitigating hiQ Labs and Scraping Through the Lens of the DMCA 1201 Anti-Circumvention (Guest Blog Post)
…out” sign, as Eric recently noted in the Ziff-Davis case. But this new line of cases will test those limits once again. Older doctrine around “effective” technological measures and the…
It Takes a Lot for 512(f) Claims to Survive a Motion to Dismiss–Cordova v. Huneault
Cordova publishes videos on a YouTube channel,”Denver Metro Audits.” He claims that the defendants republish substantial portions of those videos on their YouTube channel, “Frauditor Troll Channel.” Cordova sent DMCA…
TikTok Isn’t a U.S. State Actor (So Far)–Brooks v. TikTok
This is a pro se/IFP case, so odds were high it was going to fail no matter what. Brooks says two of his TikTok accounts were terminated and another demonetized….
Salesforce Still Can’t Avoid Tertiary Liability FOSTA Claims–GG v. Salesforce
This is one of numerous FOSTA cases seeking to hold Salesforce liable for providing vendor services to Backpage. I describe these as “tertiary liability” cases because Salesforce’s involvement is three…
Ninth Circuit Deletes RNC’s Lawsuit Over Gmail’s Spam Filter–RNC v. Google
Prior blog post. I previously summarized the case: You may recall that the RNC claimed that Gmail’s spam filter was biased against Republican spam. The centerpiece of this claim was…
Greer Burns Law Firm Sanctioned for “Willfully Abusive” and “Egregious” SAD Scheme Judge-Shopping
Currently, the Northern District of Illinois judges do not apply consistent standards for SAD Scheme joinder. Some judges still permit the joinder of dozens or hundreds of seemingly unrelated defendants…
What Does It Mean to Make a Voice Call in a Post-Telephone World?–Howard v. RNC
…cash flows? (My egoldman@gmail.com email address is often signed up for political spam by other “E. Goldman”s who are bad at typing, so I’ve seen how voracious political marketers can…
AT&T Blocks T-Mobile’s Data Portability Efforts (Guest Blog Post)
…is why, without meaningful analysis of the real value of automation for consumers in cases like this one, mandatory portability statutes are functionally useless for consumers. [Eric’s comment: data portability…