Technology & Marketing Law Blog –

This is another personal injury lawsuit against Lime for e-scooter rentals. You do know that rent-a-e-scooters are death sticks, right? Lime invoked the arbitration clause in its User Agreement. As usual, the key question is: was the User Agreement properly… FOSTA always targeted Backpage; but with Backpage gone before FOSTA […]

Lime's User Agreement Sends Another Case to Arbitration--Babcock v. Neutron

This is another personal injury lawsuit against Lime for e-scooter rentals. You do know that rent-a-e-scooters are death sticks, right? Lime invoked the arbitration clause in its User Agreement. As usual, the key question is: was the User Agreement properly…

Craigslist Denied Section 230 Immunity for Classified Ads from 2008--ML v. Craigslist

FOSTA always targeted Backpage; but with Backpage gone before FOSTA became law, it seemed inevitable that plaintiffs would eventually figure out how to deploy FOSTA against other targets. Yet, if you’d asked me to name a top 100 list of…

Ninth Circuit Reinstates Decade-Old Lawsuit Against Facebook For Tracking Logged-Out Users--In re Facebook Internet Tracking

Users sued Facebook in 2012 alleging it improperly tracked users’ browsing while they were logged out of Facebook. Facebook apparently included code in its “like” button on third party websites that would inform Facebook when the user visited the website…

Section 230 Doesn't Protect Advertising "Background Reports" on People--Lukis v. Whitepages

Whitepages compiles and generates “background reports” on people, remixing content from a database of public and private records that allegedly incorporates 2B+ records/month. In response to searches on people’s names, Whitepages provides free previews, such as this one included in…

2H 2019 and Q1 2020 Quick Links, Part 3 (FOSTA/Backpage)

* United States v. Lacey, 2019 WL 5448351 (D. Ariz. Oct. 24, 2019). The Backpage defendants were not able to dismiss the government’s prosecution: “the Government has met its burden of showing the fifty ads in the SI are for…

* Workshopx Inc v. Build A Sign LLC , 2019 WL 5258056 (W.D. Texas June 26, 2019): “BAS contends that WorkshopX cannot state a claim for trademark infringement or unfair competition because using a competitor’s trademark as a Google AdWords…

Copyright * In re DMCA Subpoena to Reddit, Inc., 2020 WL 999788 (N.D. Cal. March 2, 2020). Court quashes 512(h) subpoena because the underlying publications were protected by fair use. This is your reminder that 512(h) subpoenas routinely unmask individuals…

Another Terrible Copyright Ruling on IAPs' Liability for Users' File-Sharing--Warner v. Charter

This is a copyright infringement lawsuit against Charter, an Internet access provider, for users’ copyright infringements by file-sharing. I comprehensively blogged the magistrate report in this case back in October. In that blog post, I described the magistrate’s report as…

TheDirty Easily Defeats Another Defamation Lawsuit--Laake v. Dirty World

It’s been 6 years since I’ve blogged a case involving TheDirty, and I’m amazed that the site is around–and that people are still suing it. Well, maybe I’m not that surprised people are still suing the site if it’s still…

Instagram's TOS Authorizes Third-Party Embedding of Photos--Sinclair v. Mashable

Sinclair is a professional photographer. Like many photographers, she posts photos to Instagram. Mashable wished to use a photo of Sinclair’s and asked for a license. Sinclair declined. Using Instagram’s API, Mashable then embedded the photo into its story. Sinclair…

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Programming for Kids by Peter Armstrong [Leanpub PDF/iPad/Kindle]

Sat Apr 25 , 2020
This is a book to teach kids who are between 9 and 14 years old the basics of programming.  You need a Mac computer to follow along. This is a book for you to read with your child, or for your child to read by himself or herself. I wrote […]