Socially Aware

February 26, 2019 - Advertising, Discovery, Litigation
Social Links: Settlement declares fake “likes” illegal; Pinterest’s impending IPO; a bill to criminalize “social media extortion”
By: Aaron P. Rubin
In what is being described as “ the first settlement to deem such sales illegally deceptive ,” New York Attorney General Letitia James has entered into a settlement with a company that had been selling fake followers, likes and views on several social media platforms.
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August 22, 2018 - Online Reviews, Section 230 Safe Harbor, Litigation
Section 230 Survives to Fight Another Day Following California Supreme Court Decision
By: Aaron P. Rubin
As we have noted previously , the California Court of Appeal’s Hassell v. Bird decision in 2016 upholding an injunction requiring Yelp to remove certain user reviews was discouraging to social media companies and other online intermediaries, as well as to fans of Section
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August 09, 2018 - Terms of Use, Online Contracts, Arbitration, Litigation
Sneaky Website User Bound by Online Terms of Use’s Arbitration Provision Despite Renewing Subscription in Spouse’s Name
On July 19, 2018, in May, et al. v. Expedia Inc. , U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration and dismiss a
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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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May 23, 2018 - Copyright, IP, Litigation
Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near You
I confess: I have mixed emotions regarding the iconic “monkey-selfie” photo and all the hubbub it has created. Don’t get me wrong; I think monkeys are wonderful, and the photo deserves its iconic status. Who can resist smiling while viewing that famous image of
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May 07, 2018 - Advertising, Litigation
German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting
A recent German Federal Court of Justice decision may have a significant impact on content providers’ business models. Offering software that allows users to block advertising does not constitute an unfair commercial practice. Even providing advertisers with the option to pay for showing certain
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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 20, 2018 - Section 230 Safe Harbor, IP, Litigation
The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the Internet
Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court for the Northern District of California recently handed the company
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March 14, 2018 - Section 230 Safe Harbor, Product Liability, Litigation
Lawsuit Against Online Dating App Grindr Dismissed Under Section 230 of the Communications Decency Act
By: Janie C. Buckley and J. Alexander Lawrence
Section 230 of the Communications Decency Act continues to act as one of the strongest legal protections that social media companies have to avoid being saddled with crippling damage awards based on the misdeeds of their users. The strong protections afforded by Section 230(c)
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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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Topic Archives: Litigation

Social Links: Settlement declares fake “likes” illegal; Pinterest’s impending IPO; a bill to criminalize “social media extortion”

By: Aaron P. Rubin

Section 230 Survives to Fight Another Day Following California Supreme Court Decision

By: Aaron P. Rubin

Sneaky Website User Bound by Online Terms of Use’s Arbitration Provision Despite Renewing Subscription in Spouse’s Name

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

Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near You

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

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

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the Internet

Lawsuit Against Online Dating App Grindr Dismissed Under Section 230 of the Communications Decency Act

By: Janie C. Buckley and J. Alexander Lawrence

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