Technology & Marketing Law Blog –


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…

The plaintiffs want to create fake job profiles to research algorithmic discrimination. Fearing that their research activities would expose them to criminal CFAA prosecution, they challenged the CFAA as violating their First Amendment rights. Venkat blogged a preliminary ruling in…

U.S. Supreme Court Confirms that States Have Sovereign Immunity from Copyright Infringement Suits--Allen v. Cooper

by guest blogger Tyler Ochoa On March 23, the U.S. Supreme Court unanimously held in Allen v. Cooper,  No. 18-877, that states have sovereign immunity from claims of copyright infringement, and that 17 U.S.C. § 511, which purports to waive…

Judge Isn't Impressed By Lawyer's Purported Unfamiliarity With LinkedIn--Reyes v. Tanaka

Juror #1 was empaneled on a trial. Myles Breiner is one of the plaintiff’s lawyers. On the 6th day of trial, Breiner sent Juror #1 an invitation to connect on LinkedIn. Out-of-court interactions between jurors and the litigating lawyers is…

Humvee Can't Stop Depictions of Its Vehicles in the 'Call of Duty' Videogame--AM General v. Activision Blizzard

It has unexpectedly turned into Videogame Law week here at the Technology & Marketing Law blog. This is my third videogame IP blog post this week. See my prior posts on tattoo copyrights and signature moves. All three rulings are…

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