The California Fourth District Court of Appeals ruled that Amazon can be held liable for the damages created by a defective replacement laptop battery purchased from a third-party seller on its marketplace. The buyer, Angela Bolger, reportedly got third degree burns when the battery, from Amazon third-party seller Lenoge Technology, caught fire. Amazon has defended itself against such liability lawsuits so the appeals court decision is a major blow to its e-commerce business. The company currently faces several other liability suits.

Continue reading Court Finds Amazon Liable for Defective Third-Party Products

The Justice Department recommended, in a 25-page report, that lawmakers repeal portions of Section 230 of the Communications Decency Act of 1996, which has given website operators broad immunity for what people post on their services. The proposed repeal would take away that immunity, forcing social media platforms and similar sites to be responsible for the videos, words, images posted by their users, while assuring that their moderation is consistent. The DOJ’s recommendation will have to be enacted by Congress. Continue reading DOJ Favors Withdrawing Section 230’s Immunity for Big Tech

Instagram users have embedded images in their posts, believing that they were protected against copyright claims. Facebook now explains that, “while our terms allow us to grant a sub-license, we do not grant one for our embeds API.” In other words, a user who embeds someone’s Instagram post on her website has to ask the poster in advance for a separate license to the post’s images. Those who don’t could be subject to a lawsuit. Professional photographers will be able to better negotiate with publishers based on these terms. Continue reading Instagram Users Can Be Sued for Embedding Images in Posts

Senate Judiciary Committee chair Lindsey Graham and senator Richard Blumenthal plan to introduce a law that could interfere with Big Tech’s ability to provide end-to-end encryption. The Eliminating Abuse and Rampant Neglect of Interactive Technologies Act of 2019 (EARN IT Act) targets the distribution of child sexual abuse material on platforms such as Facebook and Google, making them liable for state prosecution and civil lawsuits for user-posted content currently protected by Section 230. Continue reading Law Could Stoke Battle Between Congress and Silicon Valley

Suppose you post your latest travel photos on your website, and later, in the comments section, a drug dealer offers his illegal wares for sale. Under Section 230 of the Communications Decency Act, noted CTA senior vice president of government affairs Michael Petricone, you cannot be prosecuted for drug sales. “Section 230 provides broad but not absolute immunity for Internet service providers for content published by users,” he said. “It’s important for platforms — but it can also encourage toxic online behavior.” Continue reading CES 2020: Evaluating the Relevance of CDA’s Section 230

Huawei Technologies has been on a charm offensive to convince the United States and other Western countries that it is not the bad player suggested by legislators and regulators. Now the company is lodging lawsuits against its critics, including a defamation complaint in France against a journalist who said Huawei is controlled by the Chinese government. At the same time, closer to home, Huawei’s reputation is suffering a hit that began with a hair-raising story a former employee posted online. Continue reading Huawei Fights Back Against Critics, Loses Approval at Home

In what could become a landmark decision, the Supreme Court has ruled to allow individual iPhone users to sue Apple in antitrust violation cases related to the tech giant’s App Store. In a 5-4 decision written by Associate Justice Brett Kavanaugh, the Supreme Court agreed with a lower court ruling that determined App Store customers could sue Apple for allegedly driving up prices by forcing them to purchase apps exclusively from the App Store. Apple lost its argument that was based on the contention that third-party developers set the prices for apps. While Apple holds steady in its belief that it does not represent a monopoly, the ruling could have future ramifications regarding consumers who seek to sue other app sellers for antitrust violations. Continue reading Supreme Court: App Store Customers Can Now Sue Apple

Sinemia, billed as a competitor to MoviePass with its multi-tiered subscription-based movie ticket offering that started in Europe, announced it will shutter its U.S. operations. Like MoviePass, Sinemia has faced challenges sustaining its subscription model and working out monetization, especially while contending with similar services from theater chains such as AMC with its Stubs A-List offering. In addition, Sinemia has been dealing with a patent lawsuit from MoviePass and a class-action suit from subscribers frustrated by account policies, hidden fees and app problems. Continue reading Sinemia Movie Subscription Service Calls It Quits in the U.S.

Apple and Qualcomm agreed to a new license agreement and announced they would dismiss all litigation worldwide between the two companies. The truce brings a close to an extended legal battle over royalties involving smartphone tech. Apple has agreed to pay Qualcomm an undisclosed amount and Qualcomm will supply modem chips to Apple as part of a new multiyear deal. Hours after the settlement between Apple and Qualcomm was announced, chip rival Intel revealed it would cancel its plans to manufacture modem chips for 5G smartphones. Continue reading Apple and Qualcomm Call Truce and Drop Patent Litigation

Microsoft revealed plans to expand its Azure IP Advantage patent troll defense program by offering its customers building Azure-compatible IoT services with access to a library of 10,000 patents that can help protect them from IP lawsuits, especially related to cloud computing. The tech giant also announced that it is contributing some 500 patents to the non-profit LOT Network, founded in 2014, which provides patents from a growing number of member companies and additional sources to help protect startups against patent trolls. Continue reading Microsoft Rolls Out Additional Plans to Combat Patent Trolls

Although Amazon chief executive Jeff Bezos has touted the possibility of drones delivering packages, he’s now talking up human drivers. This summer, he declared that would-be entrepreneurs could earn $300,000 per year by investing as little as $10,000 up front in creating their own delivery businesses. Following in FedEx’s footsteps, Amazon now wants to build a national network of independent delivery people, offering discounts on vans and insurance and an endless supply of packages to deliver. Continue reading Amazon Seeking Entrepreneurs to Build Delivery Businesses

MoviePass has had a rough year, and now, it’s aiming for a reboot. Chief executive Mitch Lowe will hand over the reins of day-to-day operations to executive vice president Khalid Itum and focus on long-term strategy. Itum noted that the company has lost consumers’ trust, and that he will lead an effort to “fix” the product as well as empathize with the turmoil its members endured over the past year. Starting in January 2019, MoviePass will introduce three new plans, each of which offers up to 36 movies per year. Continue reading MoviePass Hopes New Subscription Plans Will Save Service

Google has updated how it is combatting piracy across its suite of digital products. In its report “How Google Fights Piracy,” the company revealed that it has spent more than $100 million on YouTube’s Content ID since its inception, representing a big bump up from $60 million two years ago. That number includes computing resources and staffing. The report further details that it has paid out more than $3 billion to rightsholders, compared to “over $2 billion” in 2016 and $1 billion in 2014. Continue reading Google Ups Investment in YouTube’s Anti-Piracy Content ID

The California State Legislature quickly passed a digital privacy law that gives consumers much more control over their online personal data. Governor Jerry Brown signed the law into effect, narrowly beating a deadline to remove another, tougher initiative headed for the November ballot. Consumers now have the right to know what information tech companies are collecting, and why they’re collecting it, as well as with whom they are sharing it. Consumers can also demand their data be deleted or not sold or shared. Continue reading California Passes Tough New Law to Protect Online Privacy

FCC commissioner Michael O’Rielly is urging Amazon and eBay to pull listings from their sites for “rogue” set-top boxes that enable consumers to watch pirated TV shows. On Friday, the commissioner sent a letter to Amazon CEO Jeff Bezos and eBay CEO Devin Wenig noting that the STBs in question often falsely feature the FCC logo, and are responsible for encouraging “intellectual property theft and consumer fraud.” O’Rielly recognized that the companies have been working to address the problem, but wrote “despite your good work in this area, devices continue to make it to consumers through your websites.” Continue reading FCC’s O’Rielly Asks Amazon, eBay to Remove ‘Rogue’ STBs