Another Doctor Learns Why It’s Unwise to Sue Patients
Dr. Wilbur Hah is a board-certified cosmetic surgeon in Texas. In 2020, he performed procedures for four patients, Chesson, Gage, Melton, and Robinson (tragically now deceased). All of the patients…
More Chaos in the Law of Online Contract Formation
Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed…
Instagram Account Termination Case Fails–Johnson v. Instagram
This is yet another account termination case. I just blogged one involving LinkedIn yesterday. Different social media service, same result–case dismissed. Johnson’s Instagram account, @LICKMYKAKEZ, had 2.8M followers. She ran…
Another LinkedIn Account Termination Case Fails–Gundogdu v. LinkedIn
Another account termination case. The plaintiff shared “her religious conservative opinions” on LinkedIn. LinkedIn closed the account because she allegedly shared misleading COVID information. “Plaintiff claims that her beliefs against…
Announcing the 2023 Edition of My Internet Law Casebook
I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available as a PDF at Gumroad for $10,…
How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)
A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the…
Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
…for taking deliberate, volitional action to cause the tweets to be displayed. [Eric’s note: the Goldman v. Breitbart case settled before definitively resolving the issues.] A handful of other district…
Section 230 Immunizes Facebook’s “Design and Architecture” Choices–M.P. v. Meta
This case involves the murderous attack by Dylann Roof against the Emanuel AME Church in Charleston, S.C., killing nine African-Americans. A victim’s daughter sued Facebook, alleging that Facebook’s “design and…
Copyright Owner Can Proceed with Vicarious Infringement Claim Against eBay–Okolita v. eBay
Ellen Okolita developed bird costumes for children, took photos of her children wearing the costumes, and used the photos to sell about 8,000 costumes on Etsy (at her “Tree and…
Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook
Paul Davis is a lawyer and a self-described “J6er,” i.e., a participant in the January 6, 2021 U.S. Capitol insurrection. (His current Instagram bio: “God-fearing, freedom-fighting, ultra-MAGA🔥⬆️TX lawyer for patriots…