Courts’ Expectations for TOS Formation Keep Going Up—Lee v. Plex
This is a VPPA claim against Plex (a video streaming service) regarding the use of Meta Pixels. 🙄🙄 The defendant invoked the arbitration clause in its TOS. Extensively citing Chabolla,…
Viral DRM Awarded Damages for Its 512(f) Claims, But At What Cost?
Viral DRM is a copyright enforcement agency focused on extreme weather videos. The first time I blogged about them, they brought a SAD Scheme suit that initially resulted in an…
Roblox Faces Potentially Unlimited Copyright Liability—Robinson v. Binello
This case involves the Maple Leaf Rag song, composed by Scott Joplin. Even if you aren’t a ragtime aficionado, you may have heard this tune. Joplin’s song is in the…
Blogiversary: What Will This Blog Look Like in 10 Years? (Part 10 of 10)
…ability to comment on new Internet Law developments, I’ll be blogging about it. Will I Still Have the Fighting Spirit? But will 66-year-old Eric be as feisty as I’ve historically…
Section 230 Applies to Consumer Reporting Agencies (But Only Sometimes)–Foley v. IRBsearch
[A reminder that I don’t do April Fools gags.] This lawsuit is against IRBsearch, a data aggregator of public records and other material allegedly scraped from the web. The plaintiffs…
Rounding Up Recent Copyright and AI Rulings
It’s been a busy two weeks for copyright and AI cases. Thaler v. Perlmutter, No. 23-5233 (D.C. Cir. March 18, 2025) This case involved the completely AI-generated work, “A Recent…
Are You Ready for MAGA to Weaponize Anti-Doxxing Statutes?–Watts v. Daily Kos
Wikipedia describes Anthony Watts as “a climate change denial blogger” who “opposes the scientific consensus on climate change.” The Daily Kos published an article about Watts, “Heartland Fundraising For Tony…
First Amendment Doesn’t Apply to Descriptions of Content Moderation Practices–Bride v. Snap
Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users…
It’s Never the RICO–Loomer v. Zuckerberg
Loomer brought RICO claims against Facebook, Twitter, and Procter & Gamble, claiming they were all part of a “wide-ranging conspiracy…to unlawfully censor conservative voices and interfere with American elections.” The…
Blogiversary: How Information Consumption Habits Have Changed Over the Years (Part 9 of 10)
I’m continuing my coverage of my 20 year blogiversary. I asked readers how their information consumption practices had changed in the past 20 years. Some of their responses: __ “I’m…