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” [The $2,500 amount was suggested by the presiding judge at a settlement conference, which the defendant turned into an offer of judgment.] Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. The New York Post story.
On July 18, 2024, Judge Paul Englemayer dismissed most of the Securities and Exchange Commission (SEC)s landmark cyber enforcement case against SolarWinds Corp. By Gaurav Lalsinghani, J.D. Tasked with overseeing a firms cybersecurity posture, CISOs stand on the front lines of a corporations digital defense.
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.
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. addiction and Plaintiffs injuries.
Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.
The term “advisal” appears 29 times in this opinion, which confused me on two fronts. Important nomenclature note: the panel repeatedly refers to the call-to-action as an “ advisal.” ” The Berman opinion also used this term, but only once. First, the term is not standard for this litigation genre.
The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. Strict Products Liability.
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.”
That, combined with the novelty of Generative AI and the judge’s uncertainties about the technology, flummoxes the judge. 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. and Google.
I gave the following comments to reporters: __ For the reasons I described in my blog, the SHOP SAFE Act is a marketplace-killer. I gave the following comments to reporters: __ For the reasons I described in my blog, the SHOP SAFE Act is a marketplace-killer. This week, Sens. As a result, it remains terrible.
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. Facebook , Herrick v. Grindr , Cohen v. Third-Party Content.
This includes the rules as set by rightsowners in ex parte proceedings, which can deviate widely from standard doctrine–it’s whatever the rightsowners can get the judges to agree to–and the rules set by third-party intermediaries, such as online marketplaces.
Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.
This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?
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. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds.
The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable.
[Sorry it’s take me this long to get this blog post off my desk. Fortunately, a federal district judge preliminarily enjoined the AADC as unconstitutional. The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.”
Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir. Citing Sellers v.
But danger lurks behind certain tech when working from home. SOMETHING WICKED THIS WAY COMES. Working remotely, whether part-time or full-time, requires a variety of technology. And, to be sure, remote-work tech tools are loaded with treats that keep our businesses humming while we work from home. But the remote-work environment complicates things.
Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. Twitter, Inc. Taamneh , No.
unlawfully obtaining personal data); and the court is satisfied that there are reasonable grounds to suspect that evidence of the failure or commission of the offence is to be found on the premises. Such inspections can be stressful and complex for businesses to respond to, with a risk of criminal liability for failing to cooperate properly.
Several years ago, I wrote the blog “ Three Tips for Preserving Social Media Evidence.” Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 For example, in People v.
In the realm of law, effective communication can be the difference between success and failure. This blog post delves into the intricacies of how to harness the power of legal writing to construct compelling arguments. The goal is to convince your audience—be it a judge, a jury, or another attorney—of the validity of your argument.
For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v.
” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.
Judge Breyer of the Northern District of California had none of it. RIPTwitter. * * * Most readers should stop reading the blog post here. Self-proclaimed free-speech absolutist Elon Musk is notoriously thin-skinned when it comes to criticism directed at him. (As As a result, the court finds that much of the lawsuit is a SLAPP.
[Warning: this is a 5,600 word blog post]. 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. Despite the importance of those Fall 2023 rulings, I never blogged either.
This opinion is a companion to the Massachusetts Supreme Court’s decision in Good v. Uber , which upheld an identical TOS formation process. The highest New York state court agrees. Consistent with this principle, courts have examined whether the offeree of a web-based contract was put on inquiry notice of the contractual terms. .”
This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal). . § 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.” ” Cite to Lemmon v.
“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]
Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.
Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. 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.
[I will blog the NetChoice v. As I will blog soon, California’s law requiring online businesses to advance the “best interests” of children also failed a constitutional challenge.] Bonta ruling very soon.] This isn’t a partisan thing; both Democrats and Republicans do it.
In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?
My blog post on the district court rulings. Section 230’s availability in such situations is uncertain, but on appeal, a TAFS[FN] judge displays the obvious-in-retrospect bias of preferring more guns in the hands of more people, no matter how many tragic outcomes might ensue. [FN: In this case, the answer is no.
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. And, the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, a/k/a the TAKE IT DOWN Act , is a weapon of mass censorship.
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.
Paxton ruling took a lot of wind out of my blogging sails. I’m not sure how much value I add blogging the finer points of jurisprudential development in a Calvinball world. I’m sure I’ll regain my blogging mojo eventually, but for now, I’m still disoriented by the FSC v.
However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. The plaintiff claims that Amazon listings falsely claim that other merchants cartridges are remanufactured or recycled. Section 230. UPDATE: Prof.
[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. Third-Party Content.
Another lengthy blog post rounding up cases from the past few months involving CSAM or commercial sex and Section 230/FOSTA. May 6, 2025) Prior blog posts ( 1 , 2 ). Previously in this case, Judge Coogler denied Pornhub’s motion to dismiss, certified a class of plaintiffs, and denied summary judgment to Pornhub.
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.
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