Technology & Marketing Law Blog

[Note: I have other NetChoice rulings and segregate-and-suppress opinions stuck in my blog queue. I hope to cover them eventually. I’m fast-tracking this one because it rejects some noxious yet popular forms of Internet suppression. Also, check out this line from the opinion: “Arkansas cannot sentence speech on the internet to death by a thousand cuts.” To be fair, most legislators would choose to sentence Internet speech to death in one swift, decisive blow if they could.] * * * This case…

This is another entry in the genre of “predator access” cases claiming that predators solicited minors for sex online, in this case on Discord. Many predator access cases have targeted Roblox, which has a pending MDL in CA consolidating dozens of cases. Some of those plaintiffs have also named Discord. The plaintiffs tried to get this case moved to the Northern District of California so that it could operate in parallel with the Roblox MDL, but the court refuses that request. Instead, the court…

Jawboning is government coercion to suppress constitutionally protected speech. (This is distinguishable from direct censorship, where the government bans or restricts that speech expressly). If asked, many people would say they oppose jawboning. However, most of those opponents cannot properly identify the facts that distinguish jawboning from ordinary government functions. This enables jawboning to be weaponized. Bad faith actors can intentionally mischaracterize legitimate government efforts…

Guest Blog Post by Prof. Tyler Ochoa On March 25, the U.S. Supreme Court unanimously held that Cox Communications, an internet access provider, is not liable for file-sharing infringements committed by its users.  Cox Communications, Inc. v. Sony Music Entertainment,... The post U.S. Supreme Court Narrows Secondary Liability in Copyright Law–Cox v. Sony (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Last year, the Ninth Circuit issued a blockbuster TOS formation case, Chabolla v. Classpass. The court rejected Classpass’ TOS formation despite Classpass deploying multiple screens where Classpass seemingly got close to formation. The Chabolla case, combined with the Godun case... The post Remember When the Ninth Circuit Rejected Classpass’ TOS Formation? About That…–Blackburn v. Classpass appeared first on Technology & Marketing Law Blog.

by guest blogger Prof. Guy Rub, Temple University Beasley School of Law The Supreme Court’s decision in Cox v. Sony sent a shockwave through the copyright world. In an opinion that felt like a cold shower for copyright owners, Justice Thomas essentially... The post The Cox Shock: A Tectonic Shift or Just a Tremor? (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

This is one of the dozens of state AG lawsuits against social media services that are being litigated independently of/in parallel with the federal social media addiction MDL (where the state AGs are also suing social media companies). Because these... The post With Opinions Like This, Congress Doesn’t Need to Repeal Section 230–Massachusetts v. Meta appeared first on Technology & Marketing Law Blog.

This post covers two more Michael Grecco cases (see links below for additional blog coverage on his litigation campaign). The two decisions provide an interesting compare/contrast. The Twitter ruling also gives an early sense of how lower courts might navigate... The post Will Lower Courts Find Ways Around Cox v. Sony? You Betcha appeared first on Technology & Marketing Law Blog.

Prof. Paul Goldstein (Stanford Law) kindly has allowed me to share this update to his treatise (Goldstein on Copyright, Third Edition) regarding the Supreme Court’s Cox v. Sony decision. (My initial comments on the ruling are here). * * *... The post Prof. Goldstein on Cox v. Sony (Excerpt from His Treatise) appeared first on Technology & Marketing Law Blog.

PlayerAuctions runs an online marketplace for virtual items. Take-Two makes the Grand Theft Auto (GTA) videogames. Take-Two sent a takedown notice to PlayerAuctions targeting user-uploaded item listings. PlayerAuctions pushed back, saying that the users’ listings don’t contain any GTA copyrighted... The post Do DMCA Takedown Notices Need to Expressly Refer to the Lack of Fair Use?–Take-Two v. PlayerAuctions appeared first on Technology & Marketing Law Blog.

Today, a Los Angeles jury awarded a social media user, KGM, $3M in compensatory damages (70% to Meta, 30% to YouTube) based on KGM’s claimed addiction to social media. The jury may also award punitive damages; that is being argued... The post Comments on the Jury Verdict in the Los Angeles Social Media Addiction Bellwether Trial appeared first on Technology & Marketing Law Blog.

My brief initial comments on the Cox v. Sony decision: The decision reaches the right outcome. It has been unconscionable that copyright owners keep trying to hold Internet access providers liable for the acts of their subscribers. I hope this... The post Quick Comments on the SCOTUS Cox v. Sony Ruling appeared first on Technology & Marketing Law Blog.

Executive Lens LLC v. Rapkin, 2026 WL 776965 (N.D. Cal. March 19, 2026) “Plaintiff is the sole owner of the copyrights in the videos published on the YouTube channels ‘Denver Metro Audits’ and ‘Denver Metro Audits 2.0.'” This is my... The post Does 512(f) Apply Differently to Counternotices Compared to Takedown Notices? appeared first on Technology & Marketing Law Blog.

Pixels is a print-on-demand vendor. Pixels’ users have uploaded various images associated with Michael Jordan sports trading cards. Here’s an example: If this were a framed original of the trading card, the First Sale doctrine should apply. If it were... The post What Does a Hologram Trademark Signify When the Hologram Isn’t There?–Upper Deck v. Pixels appeared first on Technology & Marketing Law Blog.

The Section 230 cases keep coming faster than I can blog them (the first 3 hit my alerts in a single day). Weiss v. Google LLC, 2026 WL 733788 (Cal. App. Ct. March 16, 2026) Weiss’ business started running financial... The post Section 230’s Application to Account Terminations, CSAM, and More appeared first on Technology & Marketing Law Blog.

By guest blogger Cathay Y. N. Smith, Professor of Law at Chicago-Kent College of Law Rapid Relief Team (RRT), the charitable arm of the Plymouth Brethren Christian Church (PBCC), has filed a copyright infringement lawsuit in the Northern District of... The post A Religious Organization is Suing its Critics, and the Weapon of Choice is Copyright—RRT v. Cheryl Bawtinheimer (Guest Blog Post) appeared first on Technology & Marketing Law Blog.