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

Eric Goldman

This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. ” If it matters, the concurring judge is a DeSantis appointee. 2016); Fakhrian v. 2016 WL 1650705 (Cal. 2016); Despot v. 2016 WL 4148085 (W.D.

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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. But the plaintiffs found a judge who gave them enough benefit of the doubt to survive a motion to dismiss. violations; but I also think it’s clear this lawsuit is going to fail eventually. My primer on that law.

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Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon

Eric Goldman

At issue are two versions of the TOS from 2016 and 2019. The named plaintiff, Jackson, agreed to the 2016 TOS. The 2016 TOS provided an opt-out for the arbitration provision, but Jackson didn’t exercise it. ” Judge Graber dissents in part. She agrees the 2016 TOS applies. Make it easy for judges.

Court 105
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The 9th Circuit Keeps Trying to Ruin Cybersecurity–Enigma v. Malwarebytes

Eric Goldman

In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” ” The majority summarizes this discussion: “judges are not experts in the cybersecurity field.

Court 106
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2023 Internet Law Year-in-Review

Eric Goldman

Thousands of SAD Scheme lawsuits have been filed because the TROs take the online merchant off the marketplace entirely and usually extract some cash. On July 4, 2023, a federal judge declared FREEDOM from government censorship of Internet services. 4) Social media “defective design” lawsuits go forward. TikTok bans.

Law 112
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You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Percipient

The judge, in that case, applied discovery proportionality factors to figure out whether a subpoena served on Boeing went too far (he concluded it did not). 8, 2016) , the court followed the three-part test used in DeGeer when Volvo sought to have a subpoenaing party pay for requested records. Another case, SPS Techs., 19 C 3365 (N.D.

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Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. 2, 2016) 2016 U.S. Constitution, if true. City of New York (S.D.N.Y.