Google Search Isn’t a “Common Carrier” (DUH)–Ohio v. Google

State AGs undertake some of the stupidest and most MAGAlicious stunts, a form of vacuous theater to own the libs rather than better the lives of their constituents. In this…

Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox

The DMCA online safe harbor is a notice-and-takedown scheme. Web hosts aren’t liable for copyright-infringing third-party uploads unless and until the copyright owner submits a proper takedown notice to the…

In 512(f), the “F” Stands for “Futility”–Shaffer v. Kavarnos

This 512(f) case reached a bench trial on the Lenz issue of what it means for a copyright takedown notice sender to consider fair use before sending their 512(c)(3) notices….

Google and Roblox Defeat Videogame Addiction Lawsuit–Courtright v. Epic Games

The plaintiff claims that “video games are designed, marketed, and sold in a way that creates and sustains addiction in users.” This becomes the anchor for a mondo 260 page…

Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants

…interest than to favor it. As Professor Goldman notes in Sad Scheme, the Schedule A mechanism works to ‘create an environment in which rightsowners can nominally follow the rules and…

What’s the Difference Between Copyright Takedown Notices and Spam?–Michael Grecco v. Fandom

The plaintiff in this case is Michael Grecco Productions, a photographer and serial copyright litigant who’s appeared on the blog before (e.g., 1, 2). The defendant is Fandom, which runs…

Lawsuits Over Competitive Keyword Advertising Are Still Stupid–NRRM v. American Dream Auto Protect

…do not label or indicate that their generic ads direct a customer to Defendant and other competitors who pay for the websites to send them consumer leads. The advertised websites…

SAD Scheme Lawyers Sanctioned for Judge-Shopping–Dongguan Deego v. Schedule A

This ruling involves two SAD Scheme patent cases brought by Dongguan Deego Trading Co., Ltd., represented by the Getech Law LLC law firm. The first action was filed before Judge…

University of Wisconsin-Madison Censored Animal-Rights Activist on Instagram and Facebook–Krasno v. UWM

Krasno is a critic of University of Wisconsin-Madison’s treatment of animals. She commented on UWM’s Instagram and Facebook posts. UWM’s social media managers hid her comments manually; some of her…

The Ninth Circuit Finds Two New Ways to Undermine Section 230–Doe v. Twitter

…causation problem: We require “a causal relationship between affirmative conduct furthering the sex-trafficking venture and receipt of a benefit.” Generic advertising revenue schemes that apply sitewide do not satisfy that…