Court “Sanctions” SAD Scheme Judge Shopping—Crimpit v. Schedule A Defendants
Another SAD Scheme plaintiff has been caught judge-shopping. The court’s timeline: March 10, 2025: plaintiff files a SAD Scheme complaint in SDFla, Miami division, that is assigned to Judge Ruiz….
Court Fetishizes Facebook’s TOS Statement That It Takes “Appropriate” Content Moderation Actions–Calise v. Meta
This is the remand of the disastrous Ninth Circuit decision, where a TAFS judge launched a wrecking ball into the Ninth Circuit’s Section 230 jurisprudence. When the dust settled, the…
Chicago-Kent SAD Scheme Symposium TOMORROW
Tomorrow, the Chicago-Kent Law Review is hosting an online symposium entitled “Unsealing Schedule A.” Follow the link for free registration. I’m not speaking at the event, but I plan to…
When Does Content Moderation Trigger Direct Copyright Infringement?–LoopNet v. CREXi (Catch-up Post)
[My standard lament about Westlaw’s delays processing opinions from the Central District of California.] CoStar (LoopNet) and CREXi are involved in a 5+ year litigation war that has already reached…
512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube
[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing…
Another TOS Formation Fails–Carruth v. Big Little Feelings
…memes for my class emphasizing that TOS formation needs two clicks, not one. Here is one of the memes, stating Goldman’s Third Law of TOS Formation: The Confirmatory Email After…
512(f) Doesn’t Support Preliminary Injunction–BViral v. TheSoul
TheSoul runs a Facebook account that seeks to publish viral content, much of which it purports to license. BViral is a video licensing organization with a 65k video portfolio. TheSoul…
Amicus Brief Urges Seventh Circuit to Award Attorneys’ Fees in SAD Scheme Case–Louis Poulsen v. Lightzey
Prof. Betsy Rosenblatt (Case Law) and I filed an amicus brief supporting the Seventh Circuit appeal of a SAD Scheme defendant. The amicus brief was drafted by Wesley Johnson and…
Section 230 Applies to Surreptitiously Recorded Video–Does 1-9 v. Pornhub and xHamster
This case involves surreptitiously created NCP videos from a college locker room. (Note: this is not a new issue for Section 230–the Doe v. GTE 7th Circuit decision dealt with…
Court Rejects Initial Interest Confusion Claims for Competitive Keyword Ads–Regalo v. Aborder
…generic purchase pages. To the contrary, Regalo alleges, regarding these ads that, “[m]any times, it is not immediately obvious from the sponsored ad who is selling the advertised product[,]” and…