Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively rejected the Ninth Circuit’s “server rule,” under which the Ninth Circuit held that re-posting of online content does … Continue Reading
Parties should think twice before posting potential evidence on social media, as the Plaintiff in Guarisco v. Boh Brothers Construction learned recently. The Eastern District of Louisiana imposed sanctions on Plaintiff for deliberately producing an altered photo, which Plaintiff had previously posted on social media in its unaltered form. Rather than relying on Rule 37(e), … Continue Reading
This past month, professional networking site LinkedIn Corp., was given more time to file a petition for certiorari challenging a Ninth Circuit finding that hiQ Labs Inc. (“hiQ”), a workforce data analytics startup, did not violate federal hacking laws by “scraping” LinkedIn member profiles without LinkedIn’s permission. Data scraping, or web scraping, is a method … Continue Reading
Those who thought designating social media posts as “private” would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again. On February 13, 2018, the New York Court of Appeals, New York’s highest court, unanimously held that the rules generally applicable to discovery in civil actions are just as applicable to … Continue Reading
A ski trip with your fiancé results in a great photo of the two of you on a snow covered mountain; obviously, the picture is destined for your Facebook page. This picture may be used for more than to show off your good time and skiing ability, however, if you’re the plaintiff in a personal injury … Continue Reading
This month, a federal judge dismissed Twitter’s lawsuit challenging limits on the disclosure of government requests for information on Twitter users, pressing the company to file an amended complaint contesting the government’s decision to classify such requests. The case, Twitter, Inc. v. Lynch, began in 2014 after the U.S. Department of Justice (DOJ) prohibited Twitter … Continue Reading
In late March 2016, a California federal judge asked both Google, Inc. and Oracle America, Inc. to voluntarily consent to a ban against Internet and social media research on empaneled or prospective jurors until the conclusion of the trial. The case at issue is Oracle America, Inc. v. Google, Inc., a long-standing copyright infringement suit … Continue Reading
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