The Sixth Circuit Wades Into Online TOS Formation (and Leaves Me More Confused Than Ever)–Dahdah v. LowerMyBills
TL;DR: The court provides this overview: LowerMyBills.com refers internet users who are interested in refinancing their home mortgages to affiliated lending partners, including Rocket Mortgage. The website tells users that…
How Does the Initial Interest Confusion Doctrine Improve Trademark Analyses?–Dassault v. Childress
These parties have been fighting with each other since at least 2009. This case had a trial in 2017 and ruled for the defense. In 2020, the Sixth Circuit remanded…
This Week in the “DMCA Eating Copyright Law”: Cordova v. Huneault (Guest Blog Post)
…in the context of public content is being consumed by the DMCA. [Eric’s note: I blogged the 512(f) angle of this case previously.] The court let a DMCA section 1201(a)…
Reflections on Section 230’s Past, Present, and Future on Its 30th Anniversary
…will bear any resemblance to what we love most about the Internet today–no matter what Congress does to Section 230. * * * About the Author: Prof. Eric Goldman is…
Another Confusing Internet Jurisdiction Opinion (This Time, from the 1st Circuit)–Stokinger v. Armslist
I previously summarized: “This case involves the tragic shooting of a police officer. The shooter acquired the gun illegally from a seller who had acquired the gun via Armslist.” Armslist’s…
A Volcanic Opinion in the Fifth Circuit Destabilizes International Copyright Law—Vetter v. Resnik (Guest Blog Post)
By Guest Blogger Tyler Ochoa [Eric’s note: this is another Long Read post from Prof. Ochoa, clocking in at over 10k words.] Territoriality is a fundamental principle of international intellectual…
The Ninth Circuit Wrecked Internet Jurisdiction Law…And For What?–Briskin v. Shopify
I added the Ninth Circuit Briskin v. Shopify en banc ruling to my 2025 Internet Law casebook, and I taught it for the first time in Fall 2025. Wow, that…
Relitigating hiQ Labs and Scraping Through the Lens of DMCA 1201 Anti-Circumvention (Guest Blog Post)
…out” sign, as Eric recently noted in the Ziff-Davis case. But this new line of cases will test those limits once again. Older doctrine around “effective” technological measures and the…
It Takes a Lot for 512(f) Claims to Survive a Motion to Dismiss–Cordova v. Huneault
Cordova publishes videos on a YouTube channel,”Denver Metro Audits.” He claims that the defendants republish substantial portions of those videos on their YouTube channel, “Frauditor Troll Channel.” Cordova sent DMCA…
TikTok Isn’t a U.S. State Actor (So Far)–Brooks v. TikTok
This is a pro se/IFP case, so odds were high it was going to fail no matter what. Brooks says two of his TikTok accounts were terminated and another demonetized….