Social Links: Recent Developments in the Law and Business of Social Media
- - Copyright, Defamation, E-Commerce, Fraud, FTC, Online Reviews, Privacy, Social Media Policy, Trademark, Web ScrapingThe Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms, given that a robust customer review system is crucial to modern... ›
Social Links: FTC fights fraudulent online product reviews; Twitter takes another swipe at trolls; Influencers affect everything from cybersecurity to career choices
By: Aaron P. Rubin
The high-end skincare brand Sunday Riley has settled lawsuits filed by the Federal Trade Commission claiming that the brand’s founder encouraged employees of her eponymous company to set up accounts “under different identities” on the cosmetics retail site Sephora.com and leave positive reviews for... ›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... ›Get Your Gripe On: The Consumer Review Fairness Act Is Live
By: Aaron P. Rubin
Searching “millennials killed…” on the Internet returns over 1.5 million results in .65 seconds. Commentators have blamed the generation raised by tablets, smartphones, and apps for killing everything from marriage to brunch , often deriding today’s youth for being too opinionated and too obnoxious.... ›Social Links: Will a fan-made Star Trek prequel live long and prosper?; California bans driving while Snapchatting; apps that facilitate infidelity
By: Aaron P. Rubin
A federal district court judge refused to grant summary judgment to the copyright owners of the Star Trek franchise in the infringement suit they brought against the team behind a fan-made, crowdfunded prequel to the original Star Trek television series. Strict new European Union... ›In a Rough Year for CDA Section 230, Manchanda v. Google Provides Comfort to Website Operators
By: Aaron P. Rubin
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 operators despite the unusually large number of decisions... ›Social Links: Yellow journalism rakes in cash; NYC law protects gig economy pay; Twitter suspends “alt-right” accounts
By: Aaron P. Rubin
“Yellow journalism” websites are using social media to capitalize on popular ideology. And they’re making a bundle. New York City recently passed the country’s first law protecting the wages of “gig economy” workers. The Wall Street Journal published an illuminating infographic illustrating who’s making... ›Yelp Case Shows CDA §230 Still Has Teeth
By: Aaron P. Rubin
2016 has been a challenging year for Section 230 of the Communications Decency Act (CDA) and the website operators who depend on it for protection against liability stemming from user-generated content. An unusually large number of cases this year have resulted in decisions holding... ›Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience
By: Aaron P. Rubin
The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits related to user-generated content. Images, videos and... ›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... ›