The Federal Government Used Jawboning to Censor ICE Transparency Initiatives–Rosado v. Bondi
Jawboning is government coercion to suppress constitutionally protected speech. (This is distinguishable from direct censorship, where the government bans or restricts that speech expressly). If asked, many people would say…
U.S. Supreme Court Narrows Secondary Liability in Copyright Law–Cox v. Sony (Guest Blog Post)
Guest Blog Post by Prof. Tyler Ochoa On March 25, the U.S. Supreme Court unanimously held that Cox Communications, an internet access provider, is not liable for file-sharing infringements committed…
Remember When the Ninth Circuit Rejected Classpass’ TOS Formation? About That…–Blackburn v. Classpass
Last year, the Ninth Circuit issued a blockbuster TOS formation case, Chabolla v. Classpass. The court rejected Classpass’ TOS formation despite Classpass deploying multiple screens where Classpass seemingly got close…
The Cox Shock: A Tectonic Shift or Just a Tremor? (Guest Blog Post)
…is not the same as impossible. We didn’t have to wait long to see that dynamic play out. As Eric noted, just six days after the Supreme Court opinion, a…
With Opinions Like This, Congress Doesn’t Need to Repeal Section 230–Massachusetts v. Meta
…good news, the court rejects the state’s Lemmon v. Snap analogy because Lemmon’s “claims did not concern the provider’s publishing activity at all. [Eric’s note: the Lemmon plaintiffs expressly disclaimed…
Will Lower Courts Find Ways Around Cox v. Sony? You Betcha
This post covers two more Michael Grecco cases (see links below for additional blog coverage on his litigation campaign). The two decisions provide an interesting compare/contrast. The Twitter ruling also…
Prof. Goldstein on Cox v. Sony (Excerpt from His Treatise)
Prof. Paul Goldstein (Stanford Law) kindly has allowed me to share this update to his treatise (Goldstein on Copyright, Third Edition) regarding the Supreme Court’s Cox v. Sony decision. (My…
Do DMCA Takedown Notices Need to Expressly Refer to the Lack of Fair Use?–Take-Two v. PlayerAuctions
PlayerAuctions runs an online marketplace for virtual items. Take-Two makes the Grand Theft Auto (GTA) videogames. Take-Two sent a takedown notice to PlayerAuctions targeting user-uploaded item listings. PlayerAuctions pushed back,…
Comments on the Jury Verdict in the Los Angeles Social Media Addiction Bellwether Trial (Expanded/Updated)
Today, a Los Angeles jury awarded a social media user, KGM, $3M in compensatory damages (70% to Meta, 30% to YouTube) based on KGM’s claimed addiction to social media. The…
Quick Comments on the SCOTUS Cox v. Sony Ruling
My brief initial comments on the Cox v. Sony decision: The decision reaches the right outcome. It has been unconscionable that copyright owners keep trying to hold Internet access providers…