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	Comments on: Preparing for the Supreme Court&#8217;s Gonzalez v. Google Oral Arguments	</title>
	<atom:link href="https://blog.ericgoldman.org/archives/2023/02/preparing-for-the-supreme-courts-gonzalez-v-google-oral-arguments.htm/feed" rel="self" type="application/rss+xml" />
	<link>https://blog.ericgoldman.org/archives/2023/02/preparing-for-the-supreme-courts-gonzalez-v-google-oral-arguments.htm</link>
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	<lastBuildDate>Tue, 21 Feb 2023 18:39:26 +0000</lastBuildDate>
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		<title>
		By: Quick Debrief on the Gonzalez v. Google Oral Arguments - Technology &#38; Marketing Law Blog		</title>
		<link>https://blog.ericgoldman.org/archives/2023/02/preparing-for-the-supreme-courts-gonzalez-v-google-oral-arguments.htm#comment-3549</link>

		<dc:creator><![CDATA[Quick Debrief on the Gonzalez v. Google Oral Arguments - Technology &#38; Marketing Law Blog]]></dc:creator>
		<pubDate>Tue, 21 Feb 2023 18:39:26 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=24879#comment-3549</guid>

					<description><![CDATA[[&#8230;] I did not hear 5 votes in favor of the plaintiffs&#8217; position. Indeed, the justices didn&#8217;t really engage with the plaintiffs&#8217; core arguments much after their initial dismantling, which I take as a sign of their lack of persuasiveness. For that reason, I have a little optimism that Google will win the votes&#8211;much more so than yesterday. [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] I did not hear 5 votes in favor of the plaintiffs&#8217; position. Indeed, the justices didn&#8217;t really engage with the plaintiffs&#8217; core arguments much after their initial dismantling, which I take as a sign of their lack of persuasiveness. For that reason, I have a little optimism that Google will win the votes&#8211;much more so than yesterday. [&#8230;]</p>
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		By: Oral arguments take place today in Gonzalez v. Google. Here&#8217;s why it matters for creators and the Creator Economy&#8230; &#8211; Creator Economy Law		</title>
		<link>https://blog.ericgoldman.org/archives/2023/02/preparing-for-the-supreme-courts-gonzalez-v-google-oral-arguments.htm#comment-3548</link>

		<dc:creator><![CDATA[Oral arguments take place today in Gonzalez v. Google. Here&#8217;s why it matters for creators and the Creator Economy&#8230; &#8211; Creator Economy Law]]></dc:creator>
		<pubDate>Tue, 21 Feb 2023 12:43:30 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=24879#comment-3548</guid>

					<description><![CDATA[[&#8230;] Eric Goldman set forth some pre-oral argument resources that are worth [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Eric Goldman set forth some pre-oral argument resources that are worth [&#8230;]</p>
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		<title>
		By: PaulAlanLevy		</title>
		<link>https://blog.ericgoldman.org/archives/2023/02/preparing-for-the-supreme-courts-gonzalez-v-google-oral-arguments.htm#comment-3547</link>

		<dc:creator><![CDATA[PaulAlanLevy]]></dc:creator>
		<pubDate>Mon, 20 Feb 2023 17:51:00 +0000</pubDate>
		<guid isPermaLink="false">https://blog.ericgoldman.org/?p=24879#comment-3547</guid>

					<description><![CDATA[I would answer the &quot;Court  versus Congress&quot; question a little differently.


I would say instead that, as easy as it is to point to discrete problems under the regime of section 230 as developed by Zeran and its progeny, it is less easy to identify solutions that will not have OTHER problems, and it is especially hard to predict what those problems would be.  Pulling out even one thread from the current regime could have enormous impact.  These problems present policy choices that are best made by Congress.  Moreover, the transaction costs of getting to the final state of play if Zeran is significantly undermined will be enormous.  These are reasons to leave the issue to Congress.


And however much some members of Congress want to grandstand on these 
issues, posturing for the benefit of various constituent groups, in the
 end they, or at least their staffs, understand how hard these issues are.  That is the biggest reason why none of the reform bills has made it to the floor.]]></description>
			<content:encoded><![CDATA[<p>I would answer the &#8220;Court  versus Congress&#8221; question a little differently.</p>
<p>I would say instead that, as easy as it is to point to discrete problems under the regime of section 230 as developed by Zeran and its progeny, it is less easy to identify solutions that will not have OTHER problems, and it is especially hard to predict what those problems would be.  Pulling out even one thread from the current regime could have enormous impact.  These problems present policy choices that are best made by Congress.  Moreover, the transaction costs of getting to the final state of play if Zeran is significantly undermined will be enormous.  These are reasons to leave the issue to Congress.</p>
<p>And however much some members of Congress want to grandstand on these<br />
issues, posturing for the benefit of various constituent groups, in the<br />
 end they, or at least their staffs, understand how hard these issues are.  That is the biggest reason why none of the reform bills has made it to the floor.</p>
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