Webtagr - Technology News Summarizer

Ninth Circuit Slams Copyright Owners' Misuse of DMCA 512(h)

2025-08-27

The Ninth Circuit Court of Appeals ruled that DMCA 512(h) subpoenas cannot be used to unmask internet users from Internet Access Providers (IAPs) because IAPs don't host content. This ruling reinforces prior precedent, stating copyright holders can't issue valid 512(c)(3) takedown notices to IAPs as they have nothing to take down. Attempts by copyright owners to circumvent this by using technical methods like destination null routing were rejected. The decision may embolden IAPs to refuse such subpoenas and push copyright owners towards alternative legal avenues. The court highlights the absurdity of copyright owners repeatedly using a legally dubious method that has been rejected for over two decades.

(blog.ericgoldman.org)

Tech Internet Access Providers

Lil Nas X Copyright Case: Algorithmic Recommendation Not a Get-Out-of-Jail-Free Card

2025-05-20

Freelance artist Rodney Woodland sued Lil Nas X for copyright infringement over semi-nude photos posted on Instagram. The court dismissed the case, finding Woodland's photos lacked sufficient engagement to prove Lil Nas X had access to them, and that substantial similarity between the photos was lacking. The court delved into the impact of social media algorithms on the copyright "access" standard, stating that merely posting works to social media isn't enough to prove access; it requires showing the defendant had a reasonable chance of seeing the plaintiff's work through the platform's algorithm or content-sharing policies. This case sets a significant precedent for future social media algorithmic recommendation and copyright litigation.

(blog.ericgoldman.org)

Law

9th Circuit Expands Online Personal Jurisdiction: Shopify Loses

2025-04-23

The Ninth Circuit ruled in *Briskin v. Shopify*, establishing personal jurisdiction over Shopify in California. Shopify, a Canadian company, argued it lacked jurisdiction because its headquarters aren't in California. However, the court found Shopify purposefully directed its actions toward California users, citing the collection and commercialization of Californian user data as 'express aiming'. This decision significantly impacts e-commerce platforms, potentially broadening the scope of online personal jurisdiction.

(blog.ericgoldman.org)

Tech online jurisdiction

Biometric Age Verification Lawsuit Against Adult Friend Finder Heads to Arbitration

2025-03-03

Adult Friend Finder (AFF) is facing a lawsuit over its use of Confirm ID for age verification, with plaintiffs alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The case highlights the challenges of mandatory online age verification: compliance may lead to privacy violation claims. The court ultimately ruled to send the case to arbitration, noting improvements could be made to AFF's user agreement and privacy policy presentation for clearer user notification.

(blog.ericgoldman.org)

Tech arbitration