Copyright Lawsuit Over Cameo Videos Fails Due to Fair Use (on a Motion to Dismiss)–Santos v. Kimmel
…a motion to dismiss. 💣 Fraudulent Inducement. The court says Santos didn’t lose any money from Kimmel’s requests through fake accounts. Contract Breach. The claim is subject to copyright preemption….
Google Can Terminate Account Based on CSAM Allegations–Baker v. Google
…the lawsuit failed: Contract Breach. “Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” Fraud. “Plaintiff offers nothing to support the elements…
Facebook Isn’t Subject to the ADA–Lloyd v. Facebook
…revives her breach of contract claim. The district court said that the contract claim couldn’t support diversity jurisdiction–it couldn’t have $75k in damages due to the dollar cap and consequential…
Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases
…“The School Districts’ argument improperly confuses breach (i.e., interference with property rights) with the resulting damage (i.e., physical damage to property). ” That leaves the property damage from the broken…
Ninth Circuit Does More Damage to Section 230–Calise v. Meta
…treat Google as the publisher or speaker of content provided by another information content provider. Both the breach of contract and breach of implied covenant of good faith and fair…
Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)
…Judgment against Bright Data on its breach of contract claim. Then Meta dismissed the suit, rather than appeal. In late March, X Corp. had its breach of contract and CFAA…
YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. YouTube
…breach of contract and related claims. (A reminder that I’ve been a vegetarian for 40 years and a vegan for a decade-plus, so I’m normatively sympathetic to Lady Freethinker’s cause….
Ninth Circuit Rejects Another Lawsuit Over Account Termination–Mercola v. YouTube
…wanted was access to the deleted videos. The court doesn’t give him that because YouTube didn’t breach the TOS, so he’s not entitled to any remedies. Mercola made a last-ditch…
X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)
…before, and not that long ago. A platform sues a web scraper in the Northern District of California for (among others) a breach of its Terms of Service (ToS) —and…
Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
…Twitter’s breach-of-contract claims on that basis. Lastly, the court dismissed a breach-of-contract claim based on an amendment to its terms of service that had occurred after Twitter had initiated litigation,…