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Manipulating User Postings Removes Service Provider from CDA Immunity

As detailed on this blog before, the immunity from "publisher or speaker" liability for interactive computer service providers under the Communications Decency Act (CDA) is broad and generally encompasses a wide variety of...more

Advertising Law - Feb 28, 2014

9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit - The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more

Courtney Love, Yelp and Internet libel: Nevermind, it’s not a trend

Courtney Love goes to trial, in a suit by her former attorney, based on a social media message that accused the attorney of being “bought off.” A Yelp user and the contractor she criticized go at each other in court over...more

Freedom of Speech on the Internet: The Power of Section 230 of the Communications Decency Act

Experienced First Amendment lawyers know that websites hosting user-created content are extremely difficult to sue for defamation. This is due to Section 230 of the Communications Decency Act of 1996, codified at 47 U.S.C. §...more

Back From The Land Of Trial Mode: January Quicklinks

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more

District Court Reaffirms that Service Provider will be Granted Immunity under Section 230 of the Communications Decency Act

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more

Advertising Law -- Oct 18, 2013

Introducing TCPA Connect - On October 16, the FCC's updated Telephone Consumer Protection Act (TCPA) regulations finally took effect. The new rules pose significant challenges for companies seeking to communicate with...more

Use Good Sense to Avoid Making Bad Law

Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more

Sixth Circuit to Construe Scope of CDA Section 230 Immunity on Appeal of Unusual Jones v. Dirty World Decision

How can a website operator lose the broad immunity for liability associated with user-generated content conferred by Section 230 of the Communications Decency Act (CDA)? Section 230 has been consistently interpreted by...more

Germany: Google not held liable for link to website with allegedly defamatory content

On 5 September 2013 the District Court in Mönchengladbach rejected the claim brought by a history professor (plaintiff) against Google (defendant). The plaintiff’s claim for cease and desist targeted at the deletion of a link...more

The Trademark "Twist"

Judge Alsup out of the Northern District of California recently issued a decision relating to HP's App Catalogue's (its online store) sale of an app called "Chubby Checker," an app that estimates the size of a male's anatomy...more

Choosing a Specific Domain Name and Adding Commentary to Defamatory Posts Causes Host to Lose §230 Immunity

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more

New Remedies For Cyberbullying In Nova Scotia

Provisions of the Nova Scotia Cyber-safety Act came into force today, as announced by the Minister of Justice of Nova Scotia....more

Electronic Arts Fumbles in Lawsuit Brought by College Athletes (again)

College sports is big business. Student-athletes generate truckloads of cash for their schools, but are prohibited by NCAA rules from sharing in the haul. In fact, if the student-athlete learns that someone is commercially...more

Wikipedia NOT liable for defamatory contents

The court of Rome (Italy) held that Wikipedia is not liable for defamatory contents published by its users in a case involving contents published on Wikipedia regarding an Italian lawyer and former politician Mr. Cesare...more

TheDirty.com Held Liable Despite Section 230 Of The Communications Decency Act

TheDirty.com is not exactly deserving of sympathy. Much like Playboy and Hustler pushed the boundaries of the First Amendment in the past, rumor sites like TheDirty.com are pushing the limits of Section 230 immunity for...more

TheDirty.com Goes to Trial

In 2012, we reported on a pair of district court decisions that, based on similar facts, split on whether defendant TheDirty.com, a gossip website, qualified for immunity under Section 230 of the Communications Decency Act...more

2013 Texas Leg Watch: Retracting The Defamation And Notification After A Data Breach

While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. ...more

Best Practices on Security of Mobile Devices Recently Issued by NIST

The latest in a series of National Institute of Standards and Technology (“NIST”) publications is the Guidelines for Managing the Security of Mobile Devices in the Enterprise (the “Guidelines”), a comprehensive document to...more

Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity

Section 230 of the Communication Decency Act (CDA) promotes the free flow of information on the internet. The statute seeks to ensure that website operators and other interactive computer services are not hampered by lawsuits...more

Germany: Google’s autocomplete function can infringe personality rights

Overturning two lower court rulings the German Federal Court of Justice (BGH) decided that the words added to a search term by Google’s autocomplete function can invade a person’s personality rights (VI ZR 269/12). Subject to...more

German Court Holds Google Responsible for Its Search Suggestions

On May 15, 2013, in a case filed against Google by an entrepreneur selling dietary supplements and cosmetics (the “Plaintiff”), the German Federal Court of Justice in Karlsruhe (Bundesgerichtshof, the “Federal Court”) ruled...more

Service By Private Message To Message Board Account Permitted

The British Columbia Supreme Court recently granted an order permitting substituted service on anonymous users of several Internet-based forums in a defamation action....more

Norwich Orders: You Can't Be Anonymous on the Internet After All

It’s hard to start a lawsuit when you don’t know who you’re suing. What can potential claimants do when they have been wronged but lack the essential information necessary to start a lawsuit? ...more

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