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Bonkers Opinion Repeals Section 230 In the Third Circuit–Anderson v. TikTok
This decision is bonkers. The majority implies that any effort to curate third-party content automatically converts the third-party content into first-party content so that it no longer qualifies for Section 230 immunity. Because every UGC service necessarily curates every content…
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AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Amazon
[This opinion from May just showed up in my alerts. I believe that’s because the court and parties are battling over redactions. There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. I…
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When It Comes to Section 230, the Ninth Circuit is a Chaos Agent–Estate of Bride v. YOLO
The Ninth Circuit is interpreting Section 230 again. Time to grab your tissue box. * * * The Jenga-ing of Section 230 continues in the Ninth Circuit. This time, the court blows up the Barnes precedent, which created a promissory…
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Glassdoor Denied Section 230 Immunity for Reviews from Non-Employees–Nicholas Air v. Glassdoor
This is a confusing case with the troubling outcome that Glassdoor could be liable for third-party reviews despite Section 230. The case is confusing in part because it involves two companies that seem like they are alter egos of each…
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Copyright Lawsuit Over Cameo Videos Fails Due to Fair Use (on a Motion to Dismiss)–Santos v. Kimmel
George Santos is the disgraced former Congressmember and a serial fabulist. After he was expelled from Congress, he set up a Cameo page (please don’t give him any money, even as a joke). To mock him, Jimmy Kimmel ordered some…
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Ninth Circuit Strikes Down Key Part of the CA Age-Appropriate Design Code (the Rest is TBD)–NetChoice v. Bonta
The California Age-Appropriate Design Code (AADC) is a “think of the kids” law that nominally purports to protect kids’ privacy. However, as I will explain in my forthcoming Segregate-and-Suppress article, it hurts children and advances censorship…so it’s just bad policy–and…
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Eleventh Circuit Gives the Slip to the Duct-Taped Banana Copyright Appeel–Morford v. Cattelan
You probably recall this case. A California artist, Morford, created a work called “Banana and Orange” where he duct-taped the fruits to the wall. An Italian artist, Cattelan, created a work, “Comedian,” involving just a banana duct-taped to the wall….
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A Report from the White House’s Inaugural “Creator Economy Conference” (Guest Blog Post)
by guest blogger Franklin Graves This week, I joined 100 other creators and creator economy professionals in attending the first ever White House Creator Economy Conference. The event, which I recapped in more detail for another publication, presented an interesting…
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Announcing the 2024 Edition of My Internet Law Casebook
I’m pleased to announce the 2024 edition (15th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and a hardcover version for $28. [All…
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Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack
This case involves the CancelWatch “blog” on Substack, which says: “We report the activists trying to ruin people’s lives and careers.” In July 2023, it made a post entitled “Oliver D. Smith” that details Smith’s online activities and explains why…