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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

Among other defendants, he sued Microsoft for Bing search results linking to the episode. Microsoft defended on Section 230 grounds. 2012 WL 4863696 (D. 2012); Merritt v. Lexis Nexis, 2012 WL 6725882 (E.D. 2012); Nieman v. 2012 WL 3201931 (C.D. 2012); Getachew v. 2012); Mmubango v.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

The court recognizes the potential havoc this ruling could cause and tries to mitigate the damage: The Court is not opining that, in any instance in which a defendant sends an email giving notice of updated terms and a plaintiff continues to use the defendant’s service, the inquiry notice test has been satisfied. HELLO UETA and E-SIGN.

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Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The City further argued that since the Plaintiff’s had overly broad discovery requests, they should not be sanctioned for failing to preserve relevant ESI. Life lesson: Just because the Plaintiff has overly broad scope for discovery requests, does not justify the lack of a litigation hold. Stinson , at *10-11, referencing Floyd v.

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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Eric Goldman

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

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