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She got less than 2,000 votes in the June 2024 primary. “several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” Ronda Baldwin-Kennedy , a lawyer, ran for the US Senate in Nevada as a Republican.
The defendant, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.
Until this course of litigation is resolved, the parties remain categorically opposed: defendants seek to maximize the training data available to their algorithms, while plaintiffs livelihood depends on exclusive ownership and control of their IP. However, in its current iteration, opt-out schemes do not truly allow rightsholders to opt out.
In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions go too far and are procedurally and substantively unconscionable.
But, outside the Roblox platform, there are a number of online casinos that take wagers in Robux. Those online casinos entice minors to come gamble away their Robux. Roblox processes that transaction, and it takes a cut. Some of the plaintiffs’ claims survive Roblox’s motion to dismiss. Statutory Standing. Machine Zone and Taylor v.
24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. Raw Story Media, Inc. OpenAI Inc. , The plaintiffs, two news organizations, alleged that OpenAI had used their copyrighted works in training ChatGPT, one of the most prominent generative AI “chatbots” on the market today. See 17 U.S.C.
Google LLC , 2024 WL 3427161 (D. July 16, 2024) Lance Benedict is a musician. Those items got indexed in Google and appeared in Benedict’s vanity searches. A defendant also does not “use” the mark under the Lanham Act if it merely produces search results that contain the plaintiff’s mark.” Harassment.
The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.
The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. . ” Cites to Mosha v. Facebook , Herrick v. Grindr , Cohen v.
But even if the plaintiff connected the dots, With respect to defendant’s possession of contrary information, the amended complaint has, at best, plausibly alleged that defendant did not know if the photograph was of Zilis and failed to verify the accuracy of the photograph, despite knowing what Zilis looked like.
Substack defended on Section 230 grounds. Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” 12, 2024) The post Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack appeared first on Technology & Marketing Law Blog.
Snapchat successfully defends on Section 230 grounds. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. cite to LW v. Cite to Doe v.
Recent Licensing Agreement : In May 2024, OpenAI entered into a formal partnership with Reddit, granting OpenAI access to Reddit’s Data API. by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping.
[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. If this opinion confuses you, welcome to the club. FWIW, “Slog to Blog” would make a good band name.] Stratics Networks offers ringless voicemail and VOIP services. ” [Note 1: I HATE getting voicemails. OK boomer.
Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. 2024) by RENAGH O’LEARY , UW Law School Community supervision agencies and officers do not just supervise people on probation and parole. Supervising Sentencing 57 UC Davis L.
He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. Self-proclaimed free-speech absolutist Elon Musk is notoriously thin-skinned when it comes to criticism directed at him. (As As the phrase goes, “ he can dish it out, but he can’t take it “).
The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.
The court recaps past cases: the crux of the financial benefit inquiry is whether a causal relationship exists between the infringing activity and a financial benefit to the defendant. But in every case, the financial benefit to the defendant must flow directly from the third party’s acts of infringement to establish vicarious liability.
The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. ” The TOS provides additional details about what YouTube considers impermissible animal abuse.
2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. A couple of keyword ad cases from a couple of months ago. Alsa Refinish LLC v. Walmart Inc. Seriously, dude?
This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. Tubi sought to send the case to arbitration per its TOS. The court says no. The account signup page on mobile devices looked like this (Screen 1): Note the unusual “skip” link in the upper right–what happens if users select it?
The court dismisses the case but gives the plaintiff the chance to amend the complaint to plead failure-to-warn and negligent design–because those arguments show up in virtually every 230 case now. Backpage.com, LLC, 2024 WL 2853969 (N.D. ” Cite to Lemmon v. Snap , Barnes , Roommates , Dyroff. Case Citation : Doe (K.B.)
The panel summarizes: “Because Does state law 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.” and is “a description of its moderation policy.”
On appeal, the Fifth Circuit upholds Grande’s liability but reverses the damages computation in a way that will save Grande a few dollars. The judgment reversal is somewhat welcome news to Grande, but it doesn’t fix the structural and potentially existential problems with imposing contributory copyright liability on IAPs.
9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230 at this point? District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct. Like other cases in this genre, it goes poorly for Facebook.
[This blog post covers two decisions in the same lawsuit: the ruling on X’s initial motion to dismiss from September, which apparently never triggered my Westlaw or Lexis alerts, and then a ruling on X’s motion to dismiss the amended complaint that the court issued this week. ICS Provider. X is “inarguably” an ICS provider.
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.” May 6, 2025) Prior blog posts ( 1 , 2 ). The new judge denied this request as well.
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.
Senator Booker briefly held up the bill in mid-2024, citing concerns about vague language and overbroad criminal penalties. Jess Miers (with additional comments from Eric) Generated by ChatGPT Two things can be true: Non-consensual intimate imagery (NCII) is a serious and gendered harm.
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