Tag Archives: Ninth Circuit

Copyright Protection Goes ‘To the Batmobile!’ says the Ninth Circuit

While the Caped Crusader drives around in his Batmobile protecting Gotham from its fringe, copyright law protects the Batmobile from infringers—this, according to the Ninth Circuit in DC Comics v. Towle. The Batmobile is more than just Batman’s ride; it is its own comic-book character worthy of copyright protection. In reaching this conclusion, the Ninth … Continue Reading

Ninth Circuit Amends Barnes v. Yahoo Decision; Resolves Split as to Application of the Communications Decency Act

In the past two weeks, I’ve twice blogged about the Ninth Circuit’s opinion in Barnes v. Yahoo. This case split the Ninth Circuit from other circuits as to how the CDA should be applied – should it support a 12(b)(6) motion to dismiss, or should it be treated as an affirmative defense? In deciding that the CDA … Continue Reading

Can the CDA Support 12(b)(6) Motion to Dismiss? Ninth Circuit Says ‘No’; New York District Court Says ‘Yes.’

On May 28, I wrote about the Ninth Circuit’s decision in Barnes v. Yahoo. In that case, the Ninth Circuit held (among other things) that the Communications Decency Act (47 USC § 230) (“CDA”) could not support a 12(b)(6) motion to dismiss for failure to state a claim, because the CDA is an affirmative defense. As an … Continue Reading

Ninth Circuit CDA Decision

In what is likely to be seen as a watershed moment for the application of the Communications Decency Act of 1996 (the “CDA”), the Ninth Circuit Court of Appeals has released an opinion in Barnes v. Yahoo that has the potential to dramatically increase the cost of defending social media and computer service providers. The … Continue Reading