13 May, 2024 BLOCKBUSTER RULING: Federal Court Holds That Copyright Act Preempts X's Web Scraping Claims By Jeremy Goldman In a blockbuster ruling that is bound to have far-reaching implications, including in the swarm of copyright infringement cases brought...
05 Mar, 2024 Content Moderation: Three Takeaways from Supreme Court Argument in the NetChoice Cases By Michael Ling On February 26, 2024, the Supreme Court heard oral arguments in NetChoice v. Paxton and Moody v. NetChoice (hereinafter “NetChoice...
17 Mar, 2022 High School Softball Team's Tweet of Inspirational Passage Qualifies For Fair Use, Says CA5 By Brian Murphy We have met sports psychologist Dr. Keith Bell before. (See this post.) In 1982, Dr. Bell published Winning Isn’t Normal, a 72-page...
30 Jul, 2021 She Likes It Like That: Cardi B Defeats Blogger’s Defamation Counterclaims By Elizabeth Tuttle Newman A federal judge in the Northern District of Georgia has dismissed counterclaims by blogger Latasha Kebe against rapper Cardi B (a/k/a...
23 Jul, 2021 The Second Circuit Confirms Vimeo's Section 230 Right to Prohibit Videos that Promote Sexual Orientation Change Efforts By Nicole Bergstrom In a case that has gone through some interesting procedural twists, the Second Circuit has confirmed (for a second time in this case)...
21 Jun, 2021 A Legal Primer on Social Tokens By Hannah Taylor Finally wrapped your head around the Taco Bell NFT drop? Not so fast. Time to learn about “social tokens,” a rapidly-growing class of...
13 Mar, 2021 Photographer's Claim that Pinterest is a Contributory Infringer Fails By Brian Murphy It is fair to say that photographer and digital artist Harold Davis is no fan of Pinterest, the image sharing social media platform...
28 Feb, 2021 Another Photo Embed Case, Another Motion to Dismiss Denied By Brian Murphy Another court refuses, at the pleading stage, to rule on whether a social media platform's TOS (this time, Twitter's) authorizes a news...
11 Jul, 2019 Trump can't block his critics from the @realDonaldTrump Twitter account, says the Second Circuit (and the First Amendment) By Frankfurt Kurnit Klein & Selz Earlier this week, the Second Circuit held that Donald Trump violated the First Amendment when he blocked several Twitter users from his...