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Section 230 Doesn’t Protect Quote-Tweeting–US Dominion v. Byrne
This is one of the many cases related to Trump’s coup attempt. Byrne, the former CEO of Overstock (a store I will never shop at), made many posts about Dominion’s voting machines and alleged election fraud. Dominion sued Byrne for…
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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial
The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. Freedom Financial Network, LLC. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking…
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Does Snapchat’s Speed Filter Cause Car Accidents?–Lemmon v. Snap
Last year, the Ninth Circuit issued a confusing ruling in Lemmon v. Snap, holding that Section 230 did not apply to the plaintiffs’ allegations that Snapchat’s speed filter caused a terrible car accident, irrespective of whether or not the users…
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Louisiana’s Anti-Vegan Law Constitutionally Enjoined–Tofurky v. Strain
[Note: I’ve been traveling for the past 10 days and have a long list of important developments to blog when I get back.] Numerous states have enacted laws that prohibit the use of meat/dairy terms, such “meat,” “milk,” “cheese,” and…
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Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. The court previously denied Newsweek’s request…
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Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. Mic
This is a case initially filed by Richard Liebowitz that’s still clogging the courts, which explains why it is so transparently unmeritorious. I previously described the case: The photo at issue depicted a man in a bar named Dan Rochkind….
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Section 230 Preempts Game User’s Lawsuit Over Game Moderators’ Behavior–Quinteros v. Forge of Empires
This lawsuit involves the freemium videogame “Forge of Empires.” The plaintiff, Penny Quinteros (a/k/a TwoCents), claims she became addicted to the game. She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions….
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Texas and Its Amici Try to Justify Censorship in Their NetChoice v. Paxton Fifth Circuit Briefs
As you recall, in December, a federal district court enjoined most of HB 20, Texas’ so-called “social media censorship” law. As expected, Texas appealed the ruling to the Fifth Circuit. This blog post recaps the Texas brief and the 11…
When Are Sexually-Themed Memes “Harmful to Minors”?–State v. Chapman
Chapman was a high school teacher. He texted a student multiple sexually-themed memes and remarks. The court details 11 items; this one is representative: “A picture of a cartoon character with white liquid on its stomach and the caption ‘When…
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Vimeo Wins Section 230(c)(2)(A) Ruling on Motion to Dismiss–Daystar v. Vimeo
This case involves Daystar TV Network, “an evangelical Christian-based television network.” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. Vimeo’s AUP banned content…