Socially Aware

November 12, 2019 - Defamation, Section 230 Safe Harbor, Litigation
The Joys and Dangers of Tweeting: A CDA Immunity Update
By: J. Alexander Lawrence
A recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy Reid, the popular host of MSNBC’s AM Joy who has more than two million
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May 20, 2019 - Advertising, Trademark, Artificial Intelligence, Data Security, Hacking, Defamation, Fair Use, Litigation, Right of Publicity
Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology
By: Aaron P. Rubin
A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th Circuit’s nominative fair use analysis
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August 01, 2018 - Cyberbullying, Disappearing Content, Copyright, Defamation, Litigation
Social Links: Axed exec sues people behind anonymous Instagram account; bill protects elderly from social media exploitation; using social media to impeach witnesses in criminal trials
By: Aaron P. Rubin
An advertising executive who lost his job after being named on an anonymous Instagram account is suing the now-defunct account for defamation. The suit names as defendants not only the account—Diet Madison Avenue, which was intended to root out harassment and discrimination at ad
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April 16, 2018 - First Amendment, Marketing, Copyright, Defamation, Free Speech, Litigation
Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from government officials’ social media accounts?
By: Aaron P. Rubin
Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent. The judgment is believed to be one of the largest awards
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March 12, 2018 - First Amendment, Protected Speech, Privacy, Online Contracts, Copyright, Defamation, Compliance, IP, Litigation
Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use
By: Aaron P. Rubin
In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin Goldman had taken a photo of NFL quarterback Tom Brady,
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February 22, 2018 - Terms of Use, Defamation
California Court Holds That YouTube’s Removal Notice Is Not Defamatory
By: Aaron P. Rubin
As we have noted previously , YouTube users sometimes object when the online video giant removes their videos based on terms-of-use violations, such as artificially inflated view counts. In a recent California case, Bartholomew v. YouTube, LLC, the court rejected a user’s claim that
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August 04, 2017 - First Amendment, European Union, Influencer Marketing, Antitrust, Defamation, Free Speech, Litigation
Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a potentially dangerous Snapchat update
By: Aaron P. Rubin
A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine to what extent (if any) media companies may be held responsible for what their talent posts on social media. In a move characterized as setting legal
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August 24, 2016 - Defamation, Online Reviews, Section 230 Safe Harbor
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. As we’ve discussed in past blog posts, CDA Section 230 has played an essential role in the growth
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May 27, 2016 - Advertising, Internet of Things, FTC, Marketing, Defamation, Litigation
Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?
By: Aaron P. Rubin
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 rule. Lots of people criticized Instagram’s new logo, but, according to a
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August 27, 2015 - First Amendment, Status Updates, Cyberbullying, Marketing, Defamation, Section 230 Safe Harbor
Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the tables on Yelp critic
Positive I.D. The tech world recently took a giant step forward in the quest to create computers that accurately mimic human sensory and thought processes, thanks to Fei-Fei Li and Andrej Karpathy of the Stanford Artificial Intelligence Laboratory. The pair developed a program that
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Topic Archives: Defamation

The Joys and Dangers of Tweeting: A CDA Immunity Update

By: J. Alexander Lawrence

Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology

By: Aaron P. Rubin

Social Links: Axed exec sues people behind anonymous Instagram account; bill protects elderly from social media exploitation; using social media to impeach witnesses in criminal trials

By: Aaron P. Rubin

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from government officials’ social media accounts?

By: Aaron P. Rubin

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use

By: Aaron P. Rubin

California Court Holds That YouTube’s Removal Notice Is Not Defamatory

By: Aaron P. Rubin

Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a potentially dangerous Snapchat update

By: Aaron P. Rubin

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

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

By: Aaron P. Rubin

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the tables on Yelp critic