Trump’s Retweets Are Criminal Contempt of a Gag Order–People v. Trump
As you surely know, the state of New York is prosecuting Donald Trump for allegedly falsifying business records in connection with the hush-payments to Stormy Daniels. The judge overseeing the…
Misjoinder Dooms SAD Scheme Patent Case–Wang v. Schedule A Defendants
35 U.S.C. § 299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” Congress enacted this requirement to restrict patent trolls who were…
Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. Warner Bros.
This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking…
Why Generative AI is Doomed
I was honored to deliver this year’s Nies Lecture at Marquette University Law School, with the provocative (but, I hope, accurately descriptive) title “Generative AI is Doomed.” My remarks. This…
Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K
This is one of several copyright cases brought by tattoo artists against videogame makers for depicting athletes bearing their tattoos. This particular case, involving tattoo artist Hayden, videogame NBA 2K,…
Zuckerberg Avoids Personal Liability for Social Media “Addiction”–In re Social Media Addiction
I never blogged the dual state and federal rulings in the Social Media Addiction cases from last Fall. I wrote up a 4,000 word draft about the state court ruling,…
Jawboning Defendants Are 6-for-6 in the Ninth Circuit–Hart v. Facebook
This is a routine jawboning case. Facebook and Twitter allegedly shut down Hart’s accounts for disseminating COVID misinformation. Hart claims he was targeted by the government. The district court dismissed…
Section 230 Applies to Tweeted Links to Defamatory Content–Coomer v. Donald J. Trump for President
…grab this screenshot). The link and image are third-party content, but Eric Trump’s tweet quoted a line from the article and added Eric Coomer’s job title, which compounded the misidentification….
They Should Have Used a Dickwrap–Weeks v. Interactive Life Forms
Brinan Weeks claims to be a comedian. I strongly suspect this lawsuit is an extension of his routine or that he’s using it to generate new material. He claims: he…
The Supreme Court Didn’t Change Secondary Copyright Liability Standards in the Taamneh Ruling—In re Frontier
This is another case asserting that Internet access providers are liable for their subscribers’ copyright infringements. The IAP, Frontier, argued that the Supreme Court’s ruling in Taamneh modified the venerable…