Twitter Defeats FOSTA Case Over CSAM–Doe v. Twitter
This is a FOSTA case. All FOSTA cases are very complicated. (Indeed, almost all of the opinion is spent explaining the background). If you’re new to FOSTA cases and you…
Advertiser Can’t Force Facebook to Run Sex Product Ads–Strachan v. Facebook
Strachan created various Facebook pages and an advertising account. “In April 2020, Facebook cancelled Strachan’s advertising account and removed his advertising content from the platform.” Allegedly, Facebook “determined he was…
Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
…major circuit-court opinion that established what we now understand to be the law for the enforceability of an online “browsewrap” (insert Eric’s snark and anger emojis here) contract, failing to…
SAD Scheme Cases Are Always Troubling–Betty’s Best v. Schedule A Defendants ðŸ˜
Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually…
Hot Take on the Wavy Baby Decision (Guest Blog Post)
by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. v. MSCHF Prod. Studio, Inc., 2023 U.S….
Section 230 Helps Amazon Defeat False Advertising Lawsuit Over Printer Ink Cartridges–Planet Green v. Amazon
…ever neutral, I don’t know if neutral actions are the same as neutral tools, I don’t know what generic actions are, and the Roommates.com never mentioned generic tools (or actions)….
Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter
Twitter suspended the plaintiff’s Twitter account @Zay_Cipher. He wanted access to his content, so he requested an account download. However, he says the download links provided by Twitter were “defective,”…
Plaintiffs Are Eager to Invoke the Texas Social Media Censorship Law, But Will They Have to Do So in California?
Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Indeed, they are already filing lawsuits despite the pending Supreme Court appeal hanging over the law….
My Amicus Brief in Moody v. NetChoice and NetChoice v. Paxton
In collaboration with superstar lawyer Michael Kwun, I submitted an amicus brief to the U.S. Supreme Court against the Florida and Texas social media censorship laws. I had previously filed…
Judge Pushes Back on SAD Scheme Sealing Requests
A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. The sealing helps rightsowners in several ways, including preserving their ability to proceed without…