Justia U.S. 2nd Circuit Court of Appeals Opinion SummariesArticles Posted in Internet Law
Domen v. Vimeo, Inc.
The Second Circuit vacated its previous opinion and filed an amended opinion in its place.Plaintiff and Church United filed suit against Vimeo, alleging that the company discriminated against them by deleting Church United’s account from its online video hosting platform. Plaintiffs claimed that Vimeo discriminated against them based on sexual orientation and religion under federal and state law. The district court concluded that Vimeo deleted Church United's account because of its violation of one of Vimeo's published content policies barring the promotion of sexual orientation change efforts (SOCE) on its platform.The court agreed with the district court that Section 230(c)(2) of the Communications Decency Act protects Vimeo from this suit and that plaintiffs have failed to state a claim for relief. In this case, plaintiffs argue that Vimeo demonstrated bad faith by discriminating against them based on their religion and sexual orientation, which they term "former" homosexuality; deleting Church United's entire account, as opposed to only the videos at issue; and permitting other videos with titles referring to homosexuality to remain on the website. However, the court concluded that plaintiffs' conclusory allegations are insufficient to raise a plausible inference of bad faith sufficient to survive a motion to dismiss. The court explained that Vimeo removed plaintiffs' account for expressing pro-SOCE views which it in good faith considers objectionable, and plaintiffs, while implicitly acknowledging that their content violated Vimeo's Terms of Service, nevertheless ignored Vimeo's notice of violation, resulting in Vimeo deleting their account.Plaintiffs have also failed to state a claim under either the New York Sexual Orientation Non-Discrimination Act or the California Unruh Act. Because plaintiffs make no allegation suggesting that Vimeo removed their content for any reason other than this violation of the Terms of Service, plaintiffs' allegations lack the substance required to support an inference of discriminatory intent. View "Domen v. Vimeo, Inc." on Justia Law
Soliman v. Subway Franchisee Advert. Fund Trust, Ltd.
Soliman entered a California Subway sandwich shop. An employee showed her an in-store, hard-copy advertisement, on which Subway offered to send special offers if she texted a keyword. Soliman sent a text message to Subway. Subway began sending her, via text message, hyperlinks to electronic coupons. Soliman alleges that she later requested by text that Subway stop sending her messages, but her request was ignored. She filed suit under the Telephone Consumer Protection Act. Subway moved to compel arbitration, arguing that a contract was formed because the in-store advertisement, from which Soliman got the keyword and shortcode, included a reference to terms and conditions, including an arbitration requirement, located on Subway’s website and provided the URL.The Second Circuit affirmed the denial of the motion to compel arbitration. Under California law, Soliman was not bound by the arbitration provision because Subway did not provide reasonably conspicuous notice that she was agreeing to the terms on the website. Because of barriers relating to the design and content of the print advertisement, and the accessibility and language of the website itself, the terms and conditions were not reasonably conspicuous under the totality of the circumstances; a reasonable consumer would not realize she was being bound to such terms by sending a text message to Subway in order to receive promotional offers. View "Soliman v. Subway Franchisee Advert. Fund Trust, Ltd." on Justia Law
Domen v. Vimeo, Inc.
Plaintiff and Church United filed suit against Vimeo, alleging that the company discriminated against them by deleting Church United’s account from its online video hosting platform. Plaintiffs claimed that Vimeo discriminated against them based on sexual orientation and religion under federal and state law. The district court concluded that Vimeo deleted Church United's account because of its violation of one of Vimeo's content policies barring the promotion of sexual orientation change efforts (SOCE) on its platform.The Second Circuit affirmed the district court's dismissal of plaintiffs' claims, agreeing with the district court that Section 230(c)(2) of the Communications Decency Act provides Vimeo with immunity from suit. The court concluded that, under Section 230(c)(2), Vimeo is free to restrict access to material that, in good faith, it finds objectionable. In this case, plaintiffs' conclusory allegations of bad faith do not survive the pleadings stage, especially when examined in the context of Section 230(c)(2). The court explained that Section 230(c)(2) does not require interactive service providers to use a particular method of content restriction, nor does it mandate perfect enforcement of a platform's content policies. Indeed, the fundamental purpose of Section 230(c)(2) is to provide platforms like Vimeo with the discretion to identify and remove what they consider objectionable content from their platforms without incurring liability for each decision. View "Domen v. Vimeo, Inc." on Justia Law
Mango v. Buzzfeed, Inc.
Plaintiff filed suit against BuzzFeed for using one of his photographs without crediting him in violation of the Digital Millennium Copyright Act (DCMA). The district court awarded plaintiff statutory damages. BuzzFeed appealed, arguing that it did not know its conduct would lead to future, third-party copyright infringement.The Second Circuit affirmed the district court's award of statutory damages and held that the plain language of the DMCA does not require plaintiff to prove that BuzzFeed knew its actions would lead to future, third-party infringement. In this case, the district court correctly applied the DMCA by finding that Buzzfeed, through its own journalist, distributed the photo knowing that plaintiff's gutter credit had been removed or altered without his permission and distributed the photo with a gutter credit reading "Fisher & Taubenfeld" knowing that doing so would conceal the fact that a BuzzFeed journalist did not have authority to use the photo. View "Mango v. Buzzfeed, Inc." on Justia Law
Fischer v. Forrest
The Second Circuit affirmed the district court's dismissal of plaintiff's claims under the Copyright Act and the Digital Millennium Copyright Act (DMCA). Plaintiff alleged claims of copyright infringement and copyright management information (CMI) removal based on an underlying controversy involving defendants' promotion of their own version of a honey harvesting product, which replaced one that plaintiff had invented and that defendants had sold for many years through a website defendants owned.The court held that plaintiff was not entitled to statutory damages or attorneys' fees, because the first allegedly infringing act occurred before the date of the copyright registration and no genuine issue of material fact exists concerning this issue. The court also held that plaintiff failed to establish a CMI removal claim under the DMCA, because "Fischer's" cannot be construed as a CMI with respect to the advertising text at issue because it is simply the name of the product being described. View "Fischer v. Forrest" on Justia Law
SM Kids, LLC v. Google LLC
SM Kids filed suit against Google and related entities, seeking to enforce a 2008 agreement settling a trademark dispute over the Googles trademark. The agreement prohibited Google from intentionally making material modifications to its then-current offering of products and services in a manner that is likely to create confusion in connection with Googles. The district court concluded that the trademark assignment was invalid, and dismissed for lack of subject-matter jurisdiction.The Second Circuit vacated the district court's judgment and held that the validity of the trademark was not a jurisdictional matter related to Article III standing but was instead a merits question properly addressed on a motion under Federal Rule of Civil Procedure 12(b)(6), a motion for summary judgment, or at trial. In this case, the district court erroneously resolved Google's motion as a fact-based motion under Rule 12(b)(1) and considered evidence beyond the complaint, as well as placed on SM Kids the burden of proving subject-matter jurisdiction. Accordingly, the court remanded for further proceedings. View "SM Kids, LLC v. Google LLC" on Justia Law
L.S. v. Webloyalty, Inc.
Plaintiff filed a putative class action under the Electronic Funds Transfer Act (EFTA), alleging that defendant failed to provide plaintiff with a copy of the written authorization he gave online for recurring monthly charges to his debit card.The Second Circuit affirmed in part, holding that Webloyalty satisfied its obligation under the EFTA by providing plaintiff with an email containing the relevant terms and conditions of that authorization. In this case, the EFTA did not require Webloyalty to provide plaintiff with a duplicate of the webpage on which he provided authorization for recurring fund transfers, and Webloyalty's email to plaintiff was sufficient. However, the court held on a separate claim arising under the Connecticut Unfair Trade Practices Act, that the district court erroneously dismissed the claim for lack of subject matter jurisdiction. The court considered plaintiff's remaining arguments and concluded that they were meritless. The court vacated in part and remanded for further proceedings. View "L.S. v. Webloyalty, Inc." on Justia Law
Force v. Facebook, Inc.
Plaintiffs, U.S. citizens of Hamas terrorist attacks in Israel, appealed the district court's dismissal of their federal civil antiterrorism and Israeli law claims against Facebook, alleging that Facebook unlawfully assisted Hamas in the attacks. Plaintiff argued that Hamas used Facebook to post content that encouraged terrorist attacks in Israel during the time period of the attacks.The DC Circuit affirmed the district court's judgment as to the federal claims, holding that 42 U.S.C. 230(c)(1) bars civil liability claims that treat a provider or user of an interactive computer service as a publisher or speaker of any information provided by another information content provider. In this case, plaintiffs' claims fell within Facebook's status as the publisher of information within the meaning of the statute, and Facebook did not develop the content of the postings at issue. Therefore, section 230(c)(1) applied to Facebook's alleged conduct in this case. The court also held that applying section 230(c)(1) to plaintiffs' claims would not impair the enforcement of a federal criminal statute; the Anti-Terrorism Act's civil remedies provision, 18 U.S.C. 2333, did not implicitly narrow or repeal section 230(c)(1); and applying section 230(c)(1) to plaintiffs' claims would not be impermissibly extraterritorial. Finally, in regard to the foreign law claims, the court declined to exercise supplemental jurisdiction sua sponte to cure jurisdictional defects and therefore dismissed these claims. View "Force v. Facebook, Inc." on Justia Law
BWP Media USA Inc. v. Polyvore, Inc.
BWP appealed the district court's memorandum and order granting summary judgment to Polyvore on BWP's copyright claims for direct and secondary infringement and denial of BWP's cross-motion for summary judgment on direct infringement. BWP's claims arose from Polyvore's posting of BWP's photos on its website.The Second Circuit held that the district court erred in granting summary judgment to Polyvore on the direct infringement claim because there was a dispute of material fact regarding whether Polyvore created multiple copies of BWP's photos that were not requested by Polyvore users; questions of material fact precluded the court from holding at this stage that Polyvore satisfied the requirements for the Digital Millennium Copyright Act (DMCA) section 512(c) safe harbor, even though BWP has not shown that Polyvore's stripping of metadata disqualifies it from safe harbor protection; but Polyvore was entitled to summary judgment on BWP's secondary infringement claims of contributory, vicarious, and inducement of infringement because BWP abandoned those claims. Finally, the court held that the district court did not err by declining to sanction BWP. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings. View "BWP Media USA Inc. v. Polyvore, Inc." on Justia Law
Capitol Records, LLC v. ReDigi Inc.
Defendants appealed the district court's judgment for plaintiffs, finding copyright infringement. Defendants created an Internet platform designed to enable the lawful resale, under the first sale doctrine, of lawfully purchased digital music files, and had hosted resales of such files on the platform.The Second Circuit held that defendants infringed plaintiffs' exclusive rights under 17 U.S.C. 106(1) to reproduce their copyrighted works. In this case, the operation of ReDigi version 1.0 in effectuating a resale resulted in the making of at least one unauthorized reproduction. Such unauthorized reproduction violated the right holder's exclusive reproduction rights under section 106(1) and was not excused as fair use. The court declined to make a decision as to whether ReDigi also infringed plaintiffs' exclusive rights under 17 U.S.C. 106(3) to distribute their works. View "Capitol Records, LLC v. ReDigi Inc." on Justia Law