Section 230 Doesn’t Apply to “Refer-a-Friend” Text Message–Jensen v. Capital One
Capital One has a “refer-a-friend” program for its customers. Capital One provides its customers with promotional content and a customer-specific referral URL. Customers can edit the content as they see…
Court Overturns a Bad Jury Verdict Against Scraping–Ryanair v Booking (Guest Blog Post)
by guest blogger Kieran McCarthy This summer, I wrote that the jury trial between Ryanair and Booking Holdings ended in the strangest way possible. The jury returned a verdict that…
The Ninth Circuit Has a Lot to Say About Online Contract Formation (Much of It Confusing)–Chabolla v. ClassPass
I previously summarized this case: The plaintiffs claim they signed up for a ClassPass membership but got unexpectedly auto-renewed. (ClassPass appears to be an aggregator of third-party fitness classes). ClassPass…
Another Conflict Between Privacy Laws and Age Authentication–Murphy v. Confirm ID
This opinion is a routine ruling over TOS formation and whether disputes must go to arbitration. However, before I dig into that question, I need to note the case’s chilling…
Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok
The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to…
Blogiversary: How the Blog Helps Readers (Part 5 of 10)
…in my small hobby shop adventure. Even to this day. Finally I found out through your blog what was going on. Eric, you are like a knight in shining armour….
Blogiversary: Readers’ Favorite Topics, Posts, and Memes (Part 4 of 10)
…Symphony” Gets Sliced–Erickson v. Blake” (I’m not a punner most of the time, but I fully indulged in this one) For April Fool’s Day: “Bloggers’ April Fools Jokes” (from my…
TikTok Defeats Copyright Lawsuit Over Users’ Uploads–Waterman v. TikTok (Catch-Up Post)
This opinion from October just showed up in my Westlaw alerts. For some reason, it frequently takes Westlaw months to index C.D. Cal. opinions (noticeably longer than opinions from other…
Big YouTube Channel Gets TRO Against Being Targeted by DMCA Copyright Takedown Notices–Invisible Narratives v. Next Level Apps
This case involves “Skibidi Toilet,” an animated video series that, as its title implies, targets a Gen Alpha audience. No, I had never heard of it before today; and no,…
Blogiversary: Who Reads the Blog, and Why? (Part 3 of 10)
…even some seeds to plant for exam questions.” “I am a Professor of Law….I read Eric Goldman’s informative and interesting blog several times a week to ensure that I am…