SAD Scheme Plaintiff Gets Default Win But Blows the Layup on Damages–Shenzen Huajie v. Shenzen Leyibei
This is a rare Seventh Circuit opinion on the SAD Scheme (it’s nonprecedential). The defense didn’t contest the appeal, but even without opposition, the rightsowner still whiffs. The court contextualizes…
Plaintiffs Are Still Litigating–and Losing–Website Framing Cases (S&S v. Promo Hunt)
The defendant offers a browser extension that displays popup windows over e-commerce sites showing price comparison information. Enterpreneurs have been trying to make this sort of functionality happen since the…
We Still Don’t Know the Second Circuit’s Position on Embedding and Copyright Infringement–Richardson v. Townsquare
This case involves two videos: a video of basketball legend Michael Jordan breaking up a fight, and a video interview with rapper Melle Mel. Videographer Delray Richardson owned the copyrights…
Tenth Circuit Broadens CFAA ‘Loss’ Beyond Technological Harm–Moxie v. Nielsen (Guest Blog Post)
by guest blogger Kieran McCarthy After the Supreme Court’s first and only CFAA decision in Van Buren v. US in 2021, I wrote that the Court “could have done 10%…
Court Enjoins Another Arkansas Segregate-and-Suppress Law–NetChoice v. Griffin
…Mandatory Online Age Authentication Read the Published Version of My Paper Against Mandatory Online Age Authentication Prof. Goldman’s Statement on the Supreme Court’s Demolition of the Internet in Free Speech…
Section 230 Helps Discord Defeat “Defective Design” Claims Regarding Sexual Predation–Jane Doe v. Discord
This is another entry in the genre of “predator access” cases claiming that predators solicited minors for sex online, in this case on Discord. Many predator access cases have targeted…
The Federal Government Used Jawboning to Censor ICE Transparency Initiatives–Rosado v. Bondi
Jawboning is government coercion to suppress constitutionally protected speech. (This is distinguishable from direct censorship, where the government bans or restricts that speech expressly). If asked, many people would say…
U.S. Supreme Court Narrows Secondary Liability in Copyright Law–Cox v. Sony (Guest Blog Post)
Guest Blog Post by Prof. Tyler Ochoa On March 25, the U.S. Supreme Court unanimously held that Cox Communications, an internet access provider, is not liable for file-sharing infringements committed…
Remember When the Ninth Circuit Rejected Classpass’ TOS Formation? About That…–Blackburn v. Classpass
Last year, the Ninth Circuit issued a blockbuster TOS formation case, Chabolla v. Classpass. The court rejected Classpass’ TOS formation despite Classpass deploying multiple screens where Classpass seemingly got close…
The Cox Shock: A Tectonic Shift or Just a Tremor? (Guest Blog Post)
…is not the same as impossible. We didn’t have to wait long to see that dynamic play out. As Eric noted, just six days after the Supreme Court opinion, a…