Eric teaches and publishes in the areas of Internet Law, Intellectual Property and Advertising & Marketing Law.
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by guest blogger Kieran McCarthy There are few, if any, legal domains where hypocrisy is as baked into the ecosystem as it is with web scraping. Some of the biggest companies on earth—including Meta and Microsoft—take aggressive, litigious approaches to...
This case involves Apple’s handling of user-uploaded files hosted in private iCloud storage. Instead of adopting PhotoDNA to scan hosted files for CSAM, Apple created its own proprietary alternative, NeuralHash, which apparently wasn’t as good. So Apple U-turned on its...
In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions...
Over the last year, I’ve become a heavy user of Scribd. I have posted over 100 documents to Scribd that have generated over 100,000 reads. Posting to Scribd is fast and easy–much easier than using my extremely cumbersome web hosting...
This case involves Project Bluebird, a social media service previously named “twitter.new” and renamed to tweet.app immediately after this ruling (for reasons this post makes obvious). Project Bluebird’s service is designed to reimagine the Twitter service that Musk imploded when...
Soon after I launched this blog in February 2005, I signed up for Google AdSense. My goal was to make a little money and learn about the industry from the inside. In particular, if I was going to cover the...
I’m continuing my coverage of dangerous Internet bills in the California legislature. This job is especially challenging during an election year, when legislators rally behind the “protect the kids” mantra to pursue bills that are likely to hurt, or at...
By Eric Goldman In re Zappos.com Inc., Customer Data Security Breach Litigation, 2012 WL 4466660 (D. Nev. Sept. 27, 2012). In January, Zappos (part of $AMZN) announced a massive data security breach affecting 24 million consumers. As typically happens in these...
The DMCA online safe harbor is a notice-and-takedown scheme. Web hosts aren’t liable for copyright-infringing third-party uploads unless and until the copyright owner submits a proper takedown notice to the host, at which point the web host can remain legally...
As part of an omnibus bill, the Minnesota House of Representatives passed a troubling bill restricting how under-18 users engage with user-generated content (UGC) services. [At the bottom of this post, I’ve included the text as passed by the Minnesota...
This opinion is a routine ruling over TOS formation and whether disputes must go to arbitration. However, before I dig into that question, I need to note the case’s chilling implications. * * * This case involves the Adult Friend...
On Friday, I did a Reddit AMA with the r/WebScrapingInsider subreddit about the law of web scraping. You can see the entire discussion here. I posted an introduction to the AMA, which I am sharing here: __ Hi everyone, and...