Another Jawboning Case Fails in the Ninth Circuit–Kennedy v. Warren
This case involves a book called “The Truth About COVID-19: Exposing the Great Reset, Lockdowns, Vaccine Passports, and the New Normal,” which includes a foreword from Robert F. Kennedy Jr….
DMCA 512(c) Safe Harbor Doesn’t Apply to Photo Embedding–Great Bowery v. Best Little Sites
This case involves Annie Leibovitz photos, represented by licensing and enforcement agency Trunk Archive. Allegedly, users of comicbookmovie.com (CBM) embedded the Leibovitz photos into the site by linking to the…
The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable)
As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. We’re still working through the first wave of litigation testing Congress’ poor handiwork. Last October, in Doe…
Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps
…because the takedown notices were submitted using generic submission forms, not DMCA-specific submission forms. This requires the court to make some painful contortions: although the takedown notices included a “512(f)…
Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)
…July 1, 2025. Enforcement is limited to the MN AG. Since this bill is substantially similar to the California AADC, I recommend reading Eric Goldman’s post for more in-depth coverage….
Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon
This case involves “Amazon Flex” drivers. Allegedly, “Amazon monitored and wiretapped the drivers’ conversations when they communicated during off hours in closed Facebook groups.” Amazon claimed its TOS mandated arbitration….