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What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta

Eric Goldman

“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.” ” The court responds: “Plaintiff cannot sue Defendant based on what she thinks the law should—but does not—say.”

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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. addiction and Plaintiffs injuries.

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Analyzing the Lululemon v. Costco Dupe Suit (Guest Blog Post)

Eric Goldman

But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. But “dupe” is a term that can mean a lot of different things , from legitimate alternatives to straight-up counterfeits.

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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

Lloyd sued Facebok for a variety of claims (I initially described the suit as “a standard kitchen-sink pro se lawsuit against Facebook”). Neither the statutory language nor the case law suggests that applicability of 230(c)(1) turns on the type of third-party speech involved. Lloyd’s breach-of-contract claim.”

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

Eric Goldman

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. Such allegations fail to state a claim under products liability law. Strict Products Liability.

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

Eric Goldman

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. And there is a legal regime dedicated to that issue, and it’s called copyright law. OpenAI and Google are paying Reddit to access Reddit content.

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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

Relevant Federal Law: Balancing User Privacy with Child Protection In the 1980s, Congress passed a law called the Stored Communications Act (SCA) that created a statutory right of privacy for Americans digital files and communications. NCMEC routes received reports to the appropriate law enforcement agency.

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