Section 230 (Still) Applies to Contract Breach Claim–NJCCC v. McAleer
…Newsmatics’ withdrawal of the press release was a breach of contract, i.e., Hwang paid to place the press release, and Newsmatics didn’t follow its purported rules for posting such content….
Reddit Challenges Anthropic’s Scraping to Create Generative AI Models (Guest Blog Post)
…scraping. The legal headlines are more of a trickle than the flood I was expected. But on June 4th, Reddit sued Anthropic in the Superior Court of California for breach…
A Roundup of Recent Section 230 Decisions Involving Sex Abuse or CSAM
…provider, without more, cannot sustain a violation of a sex trafficking statute such as §§ 2252 or 2252A….Plaintiffs here have not—and it appears they cannot—allege that Apple knew of the…
YouTuber Loses Lawsuit Over Account Suspension–Hall v. YouTube
…Contract Breach. The (pro se) complaint doesn’t specify which TOS provisions YouTube allegedly breached: “the TOS and Community Guidelines cover dozens of topics; without identifying the specific provisions that Hall…
More Account Termination Cases Fail in Court
…suggests the plaintiff consider if she has a breach of contract case (spoiler: she does not), but the court redirects the contract claim to state court, perhaps hoping that she…
Hinge Defeats Account Termination Case–Bangalore v. Match
…dismissal. The breach of contract claim fails because the plaintiff didn’t identify any part of the contract that Hinge breached. Plus, “the Terms of Use unambiguously permit Hinge to terminate…
Blogiversary: How Information Consumption Habits Have Changed Over the Years (Part 9 of 10)
…a breach notice from a health insurance company used by a firm I no longer worked for and which my previous employer hadn’t used for several years. Frustratingly, my account…
California AG Abandons Key Parts of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
…other steps not disclosed in this TOS.” If I had compliance responsibility, I wouldn’t get detailed about anything in my TOS to avoid the potential of an unexpected breach. If…
Section 230 Protects Facebook’s Decision to Cut Off Sketchy App’s API Access–Six4Three v. Facebook
…Provider. Undisputed. Publisher/Speaker Claim. Six4Three’s contract breach claim is outside Section 230, per Calise v. Meta. I remind you that the Calise ruling was from the 9th Circuit, while this…
Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok
…objectionable content persists on their platforms even after it is reported; in other words, the breach of duty alleged is Defendants’ failure to remove reported videos. These are precisely the…