Another Judge Balks at SAD Scheme Joinder–Xie v. Annex A
…shared commonalities such as price, payment accounts, grammar, spelling, titles, and descriptions Judge Harjani fillets these allegations: Operating under aliases is too generic an allegation. The allegation that defendants transact…
When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC
Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell, paying him a day rate of $470. McDermott kept…
Call for Papers/Participation: the revived Internet Law Works-in-Progress Conference, SCU, March 8, 2025
…participatory activity and many board game options. More Information Contact Eric Goldman at egoldman@gmail.com with any questions or comments. We look forward to seeing you in Santa Clara! Regards, Eric….
Section 230 Immunizes OnlyFans for User-Uploaded Video–Doe v. Fenix
[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds…
Can EdTech Vendors Force Parents into Arbitration?–Shanahan v. IXL
IXL Learning sells edtech subscription services to schools. The plaintiffs claim that IXL “collected and monetized the data of millions of school-age children who used the IXL platform without parental…
Will Judges Become More Skeptical of Joinder in SAD Scheme Cases?–Dongguan Juyuan v. Schedule A
[Like many of you, I am still trying to make sense of the election results. I’ll restart my normal blogging, but I’m having trouble focusing.] This is a design patent…
Another “Sign-in-Wrap” TOS Formation Process Fails–Morrison v. Yippee
When properly implemented, “sign-in-wraps” support TOS formation. Unfortunately, some websites make dubious choices in their implementation, even though the protocols for proper formation seem so simple to me. Courts are…
CA Anti-SLAPP Law Applies to #MeToo Instagram Post–Nelson v. Bridgers
Phoebe Bridgers. Photo from Raph_PH, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons This case involves three people: Chris Nelson, “a well-established music industry entrepreneur.” Emily Bannon, an alleged former girlfriend…
Virtual Casino’s “Sign-in-Wrap” Formation Fails–Kuhk v. Playstudio
This case involves the following screens: You may need to enlarge the images to see the purported call-to-action. In the top image, it’s purple lettering on a purple background. Serisouly,…
Ticketmaster’s Attempt to Game Arbitration Services Fails–Heckman v. Live Nation
In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to…