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Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon

Eric Goldman

The flagship law in this area is the Consumer Review Fairness Act, enacted by Congress in 2016. At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. This pernicious business practice emerged around 15 years ago.

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What is a “Social Media Platform”?–NetChoice v. Uthmeier

Eric Goldman

To dispose of various motions, the court must construe the statutory term “social media platform.” The court recognizes this drafting flaw: the text of the social media platform definition is broad. –the court sides with the statutory text and its massively overbroad definition.

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Roblox Faces Potentially Unlimited Copyright Liability—Robinson v. Binello

Eric Goldman

The defendant Binello made a popular Roblox game called MeepCity allegedly visited 1B times: The game included a feature that allowed users to gather and talk with each other in a pizzeria, which included a piano that users could play to earn points within the game. On this basis, the court distinguished VHT v.

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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. Skechers (2016) Nike took Skechers to court for allegedly infringing eight Nike patents, including patents covering the Flyknit technology. The case was settled in 2022.

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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. The court agrees with Microsoft. 2016); Fakhrian v. 2016 WL 1650705 (Cal. 2016); Despot v. 2016 WL 4148085 (W.D. 2016); Manchanda v. 2016 WL 6806250 (S.D.N.Y.

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Hot Take on the Wavy Baby Decision (Guest Blog Post)

Eric Goldman

The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. Nope, the Supreme Court didn’t say that. 2016), aff’d , 674 F. MSCHF Prod. Studio, Inc.

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After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

Eric Goldman

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. Second, Defendant uses “technological countermeasures” to limit access to public user information.

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