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2023 Quick Links: Section 230

Eric Goldman

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.

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Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v. Instagram

Eric Goldman

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.

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Eric Goldman

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 state laws “equivalent” to copyright.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

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

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Eric Goldman

That section states that rights under state laws 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.

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Face Forward: Strategies for Complying with Facial Recognition Laws

Debevoise Data Blog

State Laws 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.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Eric Goldman

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law 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.

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