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Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

Eric Goldman

Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s Plaintiffs further allege that D.G.s gaming has resulted in serious harm, including emotional distress, lost friends, and problems in school. from liability. YOLO , MP v.

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Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

However, the court says that’s essentially a doctrinal bait-and-switch: plaintiffs actually object “to Defendants’ decisions, after receiving Plaintiffs’ reports, to remove or not remove certain videos; [not] to the functionality of the reporting tool itself.” This doctrinal move doesn’t work.

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

Eric Goldman

This is the post-SCOTUS remand of Moody v. To dispose of various motions, the court must construe the statutory term “social media platform.” ” Florida’s statutory definition: Social media platform means any information service, system, Internet search engine, or access software provider that: 1.

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Reddit Challenges Anthropic’s Scraping to Create Generative AI Models (Guest Blog Post)

Eric Goldman

— I think Reddit’s strongest argument here is the tortious interference claim, namely that Anthropic’s failure to follow the official protocols with scraping potentially impacts its ability to comply with its own terms of service with its users (to the extent that Anthropic is not following those protocols). That’s the rub.

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Addiction Lawsuit Against Character AI Can Proceed–Garcia v. Character Technologies

Eric Goldman

This decision largely rejects the defendants’ motion to dismiss, which will induce more plaintiff lawyers to bring more cases. Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. What happens at the end of these lawsuits remains to be seen. Character.ai

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Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)

Eric Goldman

Less distressing but equally true (if only marginally less dated a cultural reference) is that the Internet is for porn. While online services inevitably get used for both types of content, service providers tend to treat them very differently, given that adult pornography is generally legal in the U.S. whereas CSAM is illegal everywhere.

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Ninth Circuit Says Section 230 Preempts “Defective Design” Claims–Doe v. Grindr

Eric Goldman

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.”

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