Op-Ed: Meta’s $5 Billion Deal with the State AGs to Take Down its Rivals

[This op-ed was first published by the San Jose Mercury News on Sept. 18, 2026.] Meta’s settlement with the state attorneys general has been touted as industry-redefining. Indeed, Meta desperately hopes it will be. Although Meta was the only industry…

Sedlik v. Von Drachenberg: All About That Intrinsic Test? (Guest Blog Post)

by guest bloggers Bruce Boyden (Marquette Law) & Zahr Said (Santa Clara Law) On June 9, the Ninth Circuit granted rehearing en banc in Sedlik v. Von Drachenberg, agreeing to reconsider the test for infringement first adopted in Sid &…

Court Wipes Out SAD Scheme Default Judgment Due to Improper Email Service--Deckers v. Litfun

Deckers owns the UGG brand. It is a repeat SAD Scheme plaintiff. In this case, it sued 30 defendants for infringement, got permission to serve the lawsuit by email, and got default judgments against 18 defendants. One of those defendants,…

When is a Man's Penis Size a "Matter of Legitimate Public Concern"?--Kalil v. Kalil

This is an unusual line to see in a court opinion: “Haley’s remarks about the size of Matt’s penis and its impact on her health and marriage were remarks about a matter of legitimate public concern.” * * * Matthew…

Another Abusive "Yelp Law" Lawsuit Fails--Scott v. Ulta

If you aren’t familiar with the mass-lawsuit campaign to weaponize California’s “Yelp Law,” Civil Code 1670.8, maybe start here to get up to speed. In short, California banned contract provisions that purport to restrict consumers from reviewing the business. Plaintiffs…

Uber Guests Aren't Bound By Uber's TOS--Walker v. Uber

A section from my Internet Law casebook’s chapter on online contracts is titled: “Uber’s TOS Formation Madness. An entire chapter could be dedicated solely to Uber’s TOS dramas!” Here’s another dramatic entry in the annals of Uber’s TOS history. The…

After $6M and 17 Years Fighting the Record Labels' Copyright Lawfare, the Court Awards Vimeo $16k in Costs--Capitol Records v. Vimeo

The record labels sued Vimeo for user-caused copyright infringement in 2009. The case is still ongoing in 2026. How old is this lawsuit? If it were a person, it would be GenZ and thus older than every Gen Alpha person…

TWEET and the Bird Logo Apparently Enter the Public Domain, But X Maintains Its Grip on the TWITTER Mark (For Now)--X v. Project Bluebird

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…

SAD Scheme Plaintiff Must Pay $40k to Defendant--Guangzhou Tinpod v. Schedule A Defendants

The plaintiff is Guangzhou Tinpod Electronic Technology Co. The plaintiff initially sued under the XYZ pseudonym and hasn’t updated the case caption, even though its identity is no longer sealed. I presume the plaintiff and many of the 44 defendants…

Courts Still Can't Let Go of the Possibility that Individual Prices are Copyrightable--Rapaport v. Nivoda

In my previous blog post on this case, I wrote: This lawsuit raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? That might sound like a stupid question because “facts” aren’t copyrightable and…