Mealey's Cyber Tech & E-Commerce

  • July 10, 2020

    Magistrate Judge Stands By Dismissal Of Copyright Case Against Amazon

    SEATTLE — In a July 8 order, a Washington federal magistrate judge denied a plaintiff’s request for reconsideration of a June 2020 dismissal of allegations that Inc. and Amazon Digital Services LLC (Amazon, collectively) “make available” for sale unauthorized copies of copyrighted recordings in violation of the plaintiff’s exclusive distribution rights (SA Music LLC et al., v. Inc., et al., Nos. 20-105, -106, -107, W.D. Wash., 2020 U.S. Dist. LEXIS 118616).

  • July 09, 2020

    Supreme Court To Address Automated Dialer Issue In Facebook Text Message Suit

    WASHINGTON, D.C. — In its last order list of the term, the U.S. Supreme Court on July 9 granted a petition for certiorari in which Facebook Inc. questioned the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act of 1991 (TCPA) after the Ninth Circuit U.S. Court of Appeals revived a putative class action against it under the statute for automated account notification text messages that the social network sent to people’s cellphones (Facebook Inc. v. Noah Duguid, et al., No. 19-511, U.S. Sup.).

  • July 09, 2020

    Conservative Group Seeks D.C. Circuit Rehearing Of Social Media Bias Suit

    WASHINGTON, D.C. — Noting the ubiquity of social media and the ease with which “anyone can simply take out their phones and engage in constitutionally protected debate and discourse,” a conservative political action group on July 6 urged the District of Columbia Circuit U.S. Court of Appeals to rehear en banc its appeal of the dismissal of its discrimination, monopolization and free speech claims against the leading social media platform operators, arguing that a panel erred in finding that the internet did not qualify as a place of public accommodation under a human rights law (Freedom Watch Inc., et al. v. Google LLC, et al., No. 19-7030, D.C. Cir.).

  • July 09, 2020

    Magistrate Won’t Quash Discovery Of Doe Defendant’s Identity In Downloading Suit

    SAN DIEGO — Finding no evidence that an adult entertainment firm engaged in any misconduct or acted with unclean hands in its motion for discovery to identify a John Doe defendant accused of downloading its copyrighted works, a California federal magistrate judge on July 6 denied Doe’s motion to quash a subpoena served on his internet service provider (ISP) so that the company can pursue its copyright infringement claim against him (Strike 3 Holdings LLC v. John Doe, No. 3:20-cv-00067, S.D. Calif., 2020 U.S. Dist. LEXIS 118058).

  • July 09, 2020

    Illinois Defends Revenge Porn Law’s Constitutionality Before U.S. Supreme Court

    WASHINGTON, D.C. — Illinois filed a brief in the U.S. Supreme Court on July 6, opposing a petition for certiorari by a woman charged with violating the state’s revenge porn law, defending the law as narrowly tailored and asserting that it does not run afoul of the First Amendment to the U.S. Constitution (Bethany Austin v. Illinois, No. 19-1029, U.S. Sup.).

  • July 07, 2020

    Supreme Court Finds Exception To ‘Robocall’ Prohibition To Be Unconstitutional

    WASHINGTON, D.C. — In a ruling that will likely affect the appeals in three lawsuits against Facebook Inc., a U.S. Supreme Court majority on July 6 upheld a ruling by the Fourth Circuit U.S. Court of Appeals that the government-debt exception to the prohibition on automated “robocalls” to cellphones under the Telephone Consumer Protection Act (TCPA) is a content-based exception that violates the First Amendment to the U.S. Constitution (William P. Barr, et al. v. American Association of Political Consultants Inc., et al., No. 19-631, U.S. Sup., 2020 U.S. LEXIS 3544).

  • June 30, 2020

    Divided Supreme Court: Trademark Is Valid, Protectable

    WASHINGTON, D.C. — Findings by the Fourth Circuit U.S. Court of Appeals that the addition of a generic top-level domain (TLD) to a generic term can transform that combination into a protectable, descriptive trademark were affirmed June 30 by a divided U.S. Supreme Court (U.S. Patent and Trademark Office, et al. v. B.V., No. 19-46, U.S. Sup.).

  • June 30, 2020

    4th Circuit Finds Jurisdiction Over Russian Stream-Ripping Websites

    RICHMOND, Va. — The operator of two Russian-based “stream-ripping” websites, which a group of record labels accuse of engaging in piracy, has contacts with Virginia that “are quantitatively and qualitatively sufficient to demonstrate that he purposefully availed himself of the privilege of conducting business” in the state, a Fourth Circuit U.S. Court of Appeals panel ruled June 26, reversing a trial court’s dismissal of a copyright infringement lawsuit for lack of jurisdiction (UMG Recordings Inc., et al. v. Tofig Kurbanov, et al., No. 19-1124, 4th Cir., 2020 U.S. App. LEXIS 20037).

  • June 30, 2020

    Analytics Firm Opposes LinkedIn’s Certiorari Bid, Defends Antitrust Claims

    WASHINGTON, D.C. — The collection of publicly available data from a website does not violate the Computer Fraud and Abuse Act (CFAA), a data analytics firm tells the U.S. Supreme Court in a June 25 brief opposing LinkedIn Corp.’s petition for certiorari over an injunction preventing the professional network operator from blocking such data collection (LinkedIn Corp. v. hiQ Labs Inc., No. 19-1116, U.S. Sup.).

  • June 26, 2020

    Black YouTube Users Sue For Discrimination Over Targeting, Restricting Videos

    SAN JOSE, Calif. — A group of creators of Black-themed content on YouTube LLC’s online video-sharing platform filed a punitive class complaint in California federal court on June 16, claiming that the company engages in “knowing and intentional” race discrimination by targeting and restricting videos on the basis of “race, identity or viewpoint” (Kimberly Celeste Newman, et al. v. Google LLC, No. 5:20-cv-04011, N.D. Calif.).

  • June 22, 2020

    9th Circuit:  California IMDb Age Discrimination Law Violates 1st Amendment

    SAN FRANCISCO — Upholding a grant of summary judgment to the operator of “the Internet Movie Database,” a Ninth Circuit U.S. Court of Appeals panel on June 19 found that a California statute, which required the website operator to remove subjects’ age information upon request, to be a content-based restriction on speech that violated the First Amendment to the U.S. Constitution ( Inc. v. Xavier Becerra, et al., Nos. 18-15463 and 18-15469, 9th Cir.).

  • June 17, 2020

    Contact Processing Method Would Have Been Obvious, Verizon Tells Board

    ALEXANDRIA, Va. — In a June 16 request for inter partes review (IPR), a petitioner maintains that the Patent Trial and Appeal Board should cancel various claims of a patent that, among other things, discloses the display on a mobile device of contact icons in the form of “contact bubbles” that may be combined to form contact groups (Cellco Partnership d/b/a Verizon Wireless v. Huawei Device Co. Ltd., No. IPR2020-01117, PTAB).

  • June 17, 2020

    In Patent Dispute Over Wireless Networking, Mandamus Petition Denied

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 16 shot down a petition for mandamus by Apple Inc., paving the way for a Texas trial on allegations that the software giant infringed various patents through products that support the IEEE 802.11ac wireless networking standard (In re:  Apple Inc., No. 20-127, Fed. Cir., 2020 U.S. App. LEXIS 18899).

  • June 17, 2020

    MIT, Deaf Organization Defend Fairness Of Website Accessibility Lawsuit

    SPRINGFIELD, Mass. — Responding to an objection to the settlement of a class action over the accessibility of the website of Massachusetts Institute of Technology (MIT) under the Americans with Disabilities Act (ADA), the school and the National Association of the Deaf (NAD) filed responses May 26, telling a Massachusetts federal court that the objector misstates the settlement’s provisions and fails to establish that it is unfair (National Association of the Deaf, et al. v. Massachusetts Institute of Technology, No. 3:15-cv-30024, D. Mass.).

  • June 16, 2020

    9th Circuit Reverses Fee Award In Loss For Copyright Defendant

    SAN FRANCISCO — In a June 11 holding, the Ninth Circuit U.S. Court of Appeals disagreed with a Nevada federal judge that a defendant accused of disseminating, via BitTorrent network, the copyrighted film “Criminal” is entitled to reimbursement of her attorney fees (Criminal Productions Inc. v. Tracy Cordoba, No. 18-15919, 9th Cir., 2020 U.S. App. LEXIS 18538).

  • June 16, 2020

    High Court LGBTQ Employment Ruling Cited In Argued 11th Circuit ADA Website Suit

    ATLANTA — More than a year and a half after the 11th Circuit U.S. Court of Appeals held arguments in Winn-Dixie Stores Inc.’s appeal of a ruling that it was obligated to make its website equally accessible for vision-impaired consumers under the Americans with Disabilities Act (ADA), the customer who sued the grocery chain filed a supplemental brief on June 15, drawing the court’s attention to the statutory interpretation standard used in a U.S. Supreme Court ruling issued the same day (Winn-Dixie Stores Inc. v. Juan Carlos Gil, No. 17-13467, 11th Cir.).

  • June 16, 2020

    3rd Circuit Certifies E-Commerce Liability Question To Pennsylvania Supreme Court

    PHILADELPHIA — After rehearing en banc an appeal of a products liability suit against Inc., the Third Circuit U.S. Court of Appeals on June 2 certified a question to the Pennsylvania Supreme Court about whether an e-commerce business can be held liable under state law for a third-party vendor’s product (Heather B. Oberdorf, et al. v. Inc., No. 18-1041, 3rd Cir., 2020 U.S. App. LEXIS 17974).

  • June 16, 2020

    1st Amendment Lawsuit Filed Over Executive Order Targeting Social Media

    WASHINGTON, D.C. — President Donald J. Trump’s recent executive order addressing censorship on social media platforms violates the First Amendment to the U.S. Constitution, the Center for Democracy and Technology (CDT) alleges in a complaint filed June 2 in District of Columbia federal court, because the order’s objective of redefining immunity for interactive computer service (ICS) providers under the Communications Decency Act (CDA) is retaliatory and will chill free speech on the internet (Center for Democracy and Technology v. Donald J. Trump, No. 1:20-cv-01456, D. D.C.).

  • June 15, 2020

    CDA Shields Facebook From From Content Removal Damage Claims, 9th Circuit Says

    SAN FRANCISCO — The Communications Decency Act (CDA) bars fraud and unfair competition claims by a man who claims that Facebook Inc. destroyed his social network pages and his related business income by removing posts that purportedly violated its community standards, a Ninth Circuit U.S. Court of Appeals panel ruled June 12, affirming a trial court’s dismissal of his complaint (Jason Fyk v. Facebook Inc., No. 19-16232, 9th Cir.).

  • June 11, 2020

    Tech Company Sues Former Employee For Alleged Trade Secret Misappropriation

    TRENTON, N.J. — A public sector financial technology (FinTech) platform company sued a former employee and an industry competitor he formed in New Jersey federal court on June 9, alleging that the former employee misappropriated the company’s trade secret information to build a competing business and destroy the plaintiff’s business in violation of state and federal trade secrets law (Statistical Zero Group LLC v. Sergio Marrero, et al., No. 20-7030, D. N.J.).