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Where the motion to dismiss concerns questions of law, additional discovery is not required. 28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. ” * Doe v.
This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants. Again, the judge gave ample opportunities to plaintiffs’ counsel to prove up this claim. Again, plaintiffs’ counsel failed to find any poof. This is quintessential Judge Alsup.
When Meta sued Bright Data for breaching Facebook’s and Instagram’s ToS, the defendant successfully argued that since the scraping occurred without logging into its platforms’ accounts, it did not constitute “use” of the platform and thus did not breach the ToS. 301(a) , which preempts statelaws “equivalent” to copyright.
It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted. 634 F.Supp.2d
That section states that rights under statelaws that are “equivalent” to rights under copyright law are preempted. If the contract limits any action that copyright law restricts, meaning reproduction, distribution, adaptation, or public performance or display of works within the scope of copyright, it is preempted.
StateLaws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy. 2019 IL 123186, 129 N.E.3d See Rosenbach v.
I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts statelaw claims if the state-law claims come within the general scope of copyright. This case is about punishing the Defendants for their speech. This case represents the latter circumstance.
The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” ” Third-Party Content. ” Application.
The 9th Circuit held that some foreign defendants were subject to jurisdiction. On remand, the court dismisses the remaining defendants primarily due to Section 230, with leave to amend. They then uploaded the videos (“Videos”) to adult websites operated by two of the defendants, i.e., WebGroup Czech Republic, a.s.
MG Freesites because the defendant in that case hosted the video and allegedly exercised other content moderation steps around it. FOSTA The plaintiff invoked the FOSTA exception to Section 230, which required the court to decide if plaintiffs to show the defendant had the higher scienter required by 1591 or the lower scienter of 1595.
May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. Per Reddit, the panel said yes to Q1 and no to Q2.
Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v.
Thus, this rhetorical move doesn’t help defendants identify what conduct is clearly legal. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Omegle * Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v.
Section 230 says there can be only one defendant for those items of third-party content, and it isn’t the tertiary player Salesforce. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. The plaintiffs also invoked FOSTA.
Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v.
The panel summarizes: “Because Does statelaw claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.
Evaluate Whether the Alleged Deceptive or Unfair Practices Are Ongoing On February 25, 2019, the United States Court of Appeals for the Third Circuit upset decades of FTC practice by significantly limiting when the FTC can bring competition and consumer protection enforcement actions in federal court. [18] 1, 2019). [19]
Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Craigslist * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v.
The Florida federal court might also apply Florida statelaw, which includes the old Doe v. In other words, in each case, the defendant had a contract agreeing to provide servicesdto the plaintiff that the plaintiff valued, so I don’t see any basis to distinguish among these cases. ” This makes no sense.
A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (Charles) and Romelus raped Plaintiff. Defendants require all videos to contain tags. No video could be uploaded without choosing from a set of Defendants’ created tags.
The court says this isn’t a dispositive issue because “Judge Coogler would have come to the conclusion that Defendants were content providers and thus not entitled to immunity under Section 230 even if he had not considered Anderson.” TikTok ruling. This is both a Section 230 AND First Amendment issue. ” Say what?
I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.
How can the “back-office business services” vendor be deemed the proximate cause of any harms with two other defendants in front of it? For the plaintiffs to win against Salesforce (the tertiary defendant), they will need to show that the primary and secondary defendants committed legal violations (i.e.,
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