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Communications & Media Science, Computers & Technology Personal Injury

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Are False Accusations Of Copyright Infringement Defamatory?

Is it defamatory to falsely accuse someone of infringing intellectual property? Last month, the California Court of Appeal, in FilmOn.com v. DoubleVerify, Inc., affirmed the dismissal of a defamation action in which the...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

Snapchat Clocks Section 230 Win in Speed Filter Case

We have been monitoring a trend of cases narrowing the immunity provided to website operators under Section 230 of the Communications Decency Act (CDA). A recent decision by a state court in Georgia, however, demonstrates...more

In a Rough Year for CDA §230, Manchanda v. Google Provides Comfort to Website Operators

As we noted in our recent post on the Ninth Circuit case Kimzey v. Yelp! Inc., in the right circumstances, Section 230 of the Communications Decency Act (CDA) still provides robust protection against liability for website...more

When It Comes to Liability, Whose User Generated Content Is It Anyway?

by Garvey Schubert Barer on

Hospitality industry stakeholders who host sites for online reviews or rely on review sites such as Yelp, Trip Advisor, Urban Spoon, or Oyster, may take comfort in the recent Ninth Circuit decision regarding the liability of...more

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

Litigation Alert: The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based...

by Fenwick & West LLP on

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more

Social Links: Twitter’s tough quarter; Yelp warns users about litigious dentist; Pinterest battles Snapchat

Instagram now allows celebrities to block trolls. The rest of us will have to continue trying to ignore Instagram trolls. While Facebook reached new highs last quarter, Twitter continued to stumble. Will adding more live...more

Augmenting Reality: A Pokémon Go Business and Legal Primer

We have become inured to the sight of people staring at their phones rather than engaging with one another or enjoying their real-life surroundings. But, over the past two weeks, enslavement to mobile devices rose to new...more

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization...more

The Supreme Court Sends Spokeo Back

Today, the U.S. Supreme Court decided one of the Term’s most closely watched cases: Spokeo, Inc. v. Robins. The 6-2 decision, while far from sweeping, creates a hurdle for plaintiffs in “no-injury” class actions....more

Congress acts on opioid drug epidemic as judge unseals OxyContin files

Here are some developments worth watching in the nation’s battle against the epidemic of opioid drug misuse that killed 28,000 Americans in 2014 alone...more

Will the Zippo sliding scale for Internet jurisdiction slide into oblivion?

by Thompson Coburn LLP on

Though Internet communications seem to occur in a mystical electronic ether (which we once called cyberspace), authors of Internet messages can be held accountable for them in that very traditional physical place known as a...more

Warnings Causation Sinks "Failure to Update" Claim

by Reed Smith on

This post is not from the Dechert side of the blog. “Failure to update” claims have multiple problems. You probably already know what we are referring to. Federal law requires that generic drug manufacturers...more

Businesses rejoice but poster beware: Yelp ordered to identify anonymous reviewer

Many business have suffered the misery and frustration of a harshly negative, anonymous online review. That anonymity, critics argue, frees the reviewer from worries about the need for accuracy and, worse yet, encourages the...more

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

Duke of Brunswick rule strikes out for Internet lawsuits

by Thompson Coburn LLP on

If you publish something on the Internet, would it be fair if someone could sue you for it many years later? Of course not. Because of statutes of limitation, a claimant has only a limited time period after any...more

When Bad Things Happen to Good People...On the Internet

by Lewitt Hackman on

The internet has generated countless new ways to communicate and share thinking. Some posted information is negative, which can still be useful when messages are truthful, in good taste, and constructive. But some negative...more

PIPEDA Amendments In-Force

by Dentons on

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

Yelp Fights for the Right to Complain Anonymously

by Ifrah PLLC on

In e-commerce, user reviews can make or break a business. Review sites such as Yelp are a double edged sword for merchants and service providers: on one hand satisfied customers can generate buzz about the company and bring...more

If You Know About It, You’re the Publisher – Website Operator Liability for Defamation

by Dentons on

The first few months of 2015 have brought some welcome direction from Canadian courts regarding the liability of operators of websites for defamatory postings on their websites made by third parties. In plain English: we’ve...more

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

House Passes the National Cybersecurity Protection Advancement Act

by Polsinelli on

Following Wednesday’s approval of the Protecting Cyber Networks Act (H.R.1560) (“PCNA”), the House of Representatives passed the National Cybersecurity Protection Advancement Act (H.R. 1731) (“NCPAA”) on Thursday, a move...more

Blogger Immune From Suit for Anonymous Comments

by Reed Smith on

A Pennsylvania judge in the Northampton County Court of Common Pleas ruled that the defendant blogger was not liable for anonymous posts in the “comments” section of his website, despite his active moderation of these posts....more

The Federal Wiretap Act and the Law of Unintended Consequences

by Ifrah PLLC on

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

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