On June 16th, 2014, the Sixth Circuit reversed the lower court’s holding that the gossip site, TheDirty.com, was responsible for its users’ defamatory posts and could not rely on immunity under CDA Section 230. The appeals court ruled that even though the gossip site selected and edited user-generated
Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?
An Important Issue for Text-Message Marketers
There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages between $500 and $1,500 per violation). And
FINRA Issues Investor Alert Concerning Bitcoin Trading and Speculation
Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the purported theft of nearly $500 million in bitcoins. The temporary
Bitcoins: Legal and Business Issues
On Monday, the Senate Committee On Homeland Security and Governmental Affairs held the first of two days of hearings on Bitcoin and digital currencies — Beyond Silk Road: Potential Risks, Threats, and Promises of Virtual Currencies. During the “surprisingly friendly” hearings, the price of bitcoin soared as regulators, officials,
No Expansion of CFAA Liability for Monetary Exploit of Software Bug
In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200” card. By the next turn, the proceeds are usually invested in properties and houses, yet, some might wonder whether accepting such a windfall was proper in the
Staving Off Scrapers of User-Generated Content with Electronic Copyright Transfers… A Legal (But, Perhaps Not a Practical) Solution
It’s a problem that has vexed website owners since the days of the dot-com boom – how to make certain user-generated content available to users or subscribers, but also prevent competitors and other unauthorized parties from scraping, linking to or otherwise accessing that content for their own commercial purposes.
The
New California Law Impacts Use of Information from Minors, Offers Right to Delete
Law Targets Sites and Mobile Apps Directed to Minors, Offers “Online Eraser”
Likely to Have Nationwide Effect
On July 1st of this year, new amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) came into effect, with perhaps the most pronounced changes being the expansion of COPPA
Sixth Circuit Affirms ‘Dirtiest Hotel’ Defamation Ruling
We previously wrote about a Tennessee district court’s decision holding that a hotel’s inclusion at the top of the 2011 TripAdvisor “Dirtiest Hotels” list constituted hyperbolic opinion and rhetorical exaggeration, and thus was not actionable under Tennessee defamation law. This past month, a circuit court upheld the ruling.
On appeal,
Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to Their Content?
It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content. Rather than relying on the uncertain scope of an implied license, the provider can clarify, and hopefully
Once Again, Hurricane Blows Wind into Force Majeure Clauses
As the eastern part of the United States picks up the pieces from the devastating Hurricane Sandy, many companies are experiencing a classic “force majeure” event. The circumstances remind us of a blog post we wrote shortly after Irene blew our way last year, and we thought it might be