[My standard lament about Westlaw’s delays processing opinions from the Central District of California.] CoStar (LoopNet) and CREXi are involved in a 5+ year litigation war that has already reached the Ninth Circuit at least once. The docket has 1,200+... The post When Does Content Moderation Trigger Direct Copyright Infringement?–LoopNet v. CREXi (Catch-up Post) appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing instructions for the cube to the Internet, subject to a... The post 512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab... The post Another TOS Formation Fails–Carruth v. Big Little Feelings appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
TheSoul runs a Facebook account that seeks to publish viral content, much of which it purports to license. BViral is a video licensing organization with a 65k video portfolio. TheSoul claims that BViral sent 512(c)(3) takedown notices to Facebook targeting... The post 512(f) Doesn’t Support Preliminary Injunction–BViral v. TheSoul appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
Prof. Betsy Rosenblatt (Case Law) and I filed an amicus brief supporting the Seventh Circuit appeal of a SAD Scheme defendant. The amicus brief was drafted by Wesley Johnson and the team at Cross-Border Counselor LLP. Note: We found out...| Technology & Marketing Law Blog
This case involves surreptitiously created NCP videos from a college locker room. (Note: this is not a new issue for Section 230–the Doe v. GTE 7th Circuit decision dealt with similar facts in 2003). Murphy allegedly set up the cameras.... The post Section 230 Applies to Surreptitiously Recorded Video–Does 1-9 v. Pornhub and xHamster appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
The litigants compete in the market for baby/pet gates. The incumbent sells under the brands “Regalo” and “Carlson.” The defendant “Aborder contends that the use of trademark advertising through the purchase of Amazon sponsored ads cannot constitute trademark infringement without... The post Court Rejects Initial Interest Confusion Claims for Competitive Keyword Ads–Regalo v. Aborder appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
This case involves “session replay” technologies, described as (cleaned up): the software embeds snippets of JavaScript computer code on a website, which then deploys on each website visitor’s internet browser for the purpose of intercepting and recording the website visitor’s... The post Ninth Circuit Dismisses “Session Replay” Lawsuit–Popa v. Microsoft appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
Earlier this year, the Ninth Circuit issued companion rulings in Chabolla and Godun that scrambled Ninth Circuit TOS formation law. You can see where I think things now stand in the (free!) Online Contracts chapter from my Internet Law casebook.... The post The Ninth Circuit’s Flood of TOS Formation Cases appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
Rep. Jeremy Faison is a Republican Tennessee state representative in what is a hugely Republican district (for example, his district includes Cocke County, which voted 83% for Trump in 2024). He also is the chamber’s Republican Caucus Chairman. He came... The post Court Greenlights Politician’s Censorship of Social Media Comments–Fox v. Faison appeared first on Technology & Marketing Law Blog.| Technology & Marketing Law Blog
by guest blogger Kieran McCarthy Last year, I wrote about how Elon Musk had inadvertently become web scrapers’ most powerful legal advocate. Not because he wanted to advocate for them. But rather, in seeking to enforce a no-scraping ban in...| Technology & Marketing Law Blog
Krasno is a critic of University of Wisconsin-Madison’s treatment of animals. She commented on UWM’s Instagram and Facebook posts. UWM’s social media managers hid her comments manually; some of her comments were blocked by UWM’s keyword filters. Prior blog post....| Technology & Marketing Law Blog
I’m trying to clear my blogging queue that backlogged during my China trip. Here are three Section 230 decisions from the last few weeks. Geegieh v. Unknown Parties, 2025 WL 1769766 (D. Ariz. June 26, 2025) The plaintiff claims that...| Technology & Marketing Law Blog
by guest blogger Kieran McCarthy There are few, if any, legal domains where hypocrisy is as baked into the ecosystem as it is with web scraping. Some of the biggest companies on earth—including Meta and Microsoft—take aggressive, litigious approaches to...| Technology & Marketing Law Blog
by guest blogger Kieran McCarthy The Computer Fraud and Abuse Act (“CFAA”) is a law that was written before the commercial Internet was a thing (1984). And many judges—particularly Boomers in the rarified air of the appellate courts—grew up in...| Technology & Marketing Law Blog
Guest blog post by Profs. Sarah Fackrell & Alexandra J. Roberts Dupe culture is everywhere. Consumers seek out dupes online, in stores, and on social media, hoping to score less expensive versions of the luxury items they lust after; stores...| Technology & Marketing Law Blog
Trigger warning: this is a terrible opinion. Let’s hope the judge corrects his errors or that the appeals court does it for him. * * * This opinion addresses a venerable issue in Internet Law: can a website control how...| Technology & Marketing Law Blog
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 Booking Holdings had caused exactly $5,000 in legally cognizable “loss”...| Technology & Marketing Law Blog
Google Search Isn’t a “Common Carrier” (DUH)–Ohio v. Google| Technology & Marketing Law Blog
The D.C. Circuit held that Congress’ TikTok ban survived a variety of Constitutional challenges, including a First Amendment challenge, even if strict scrutiny applies. The decision will be appealed to the U.S. Supreme Court, with uncertain prospects, so this is...| Technology & Marketing Law Blog
More Bitcoin litigation 🙄. This time, malefactors hijacked popular YouTube channels and uploaded videos promoting Bitcoin scams: First, scammers will breach YouTube’s security to unlawfully gain access to verified and popular YouTube channels with tens or hundreds of thousands of...| Technology & Marketing Law Blog
This is a Video Privacy Protection Act (VPPA) case 🙄 against the video streaming platform Tubi. Tubi sought to send the case to arbitration per its TOS. The court says no. The account signup page on mobile devices looked like...| Technology & Marketing Law Blog
Spencer’s wife had an extra-marital affair with Doe. Doe sent “photographs and screen shots of sexually explicit images” to the wife. Spencer, the husband, came into possession of these materials via unspecified means. He assembled various collages of the images...| Technology & Marketing Law Blog
This is one of the many pending “Pixel” cases. If you don’t recall, a “pixel” is a 1×1-pixel image file that is imperceptible to web visitors. A website adds code to its web page that summons the pixel from a...| Technology & Marketing Law Blog
by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. Many people think this is true. But not enough lawyers say it often enough....| Technology & Marketing Law Blog
My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. So SAD Scheme copyright cases aren’t unheard of, but they are rare. * * * A...| Technology & Marketing Law Blog
