Domain Name Registrar Isn’t Liable for Counterfeit Goods–InvenTel v. GoDaddy

InvenTel makes security cams for cars. It is trying to crack down on Chinese counterfeiters. It brought a prior lawsuit against a wide range of defendants, including GoDaddy. InvenTel voluntarily dismissed GoDaddy from that suit. It brought a second round…

Comments on Rep. Gosar's "Stop the Censorship Act," Another "Conservative" Attack on Section 230

Comments on Rep. Gosar’s “Stop the Censorship Act,” Another “Conservative” Attack on Section 230

At this point, many “conservatives” favor government regulation of the editorial practices of Internet companies. As a result, proposals coming from DC “conservatives” that reference “censorship” in their titles almost certainly are designed to embrace, not prevent, censorship. For example,…

Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift--Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]

Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift–Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]

*** CRITICAL UPDATE*** Ugh, I’m embarrassed to admit that I made a serious error in reading the opinion. I cannot edit the post to correct the error. The mistake infects the entire post and the main point. I’m leaving up…

Some Much-Needed Pushback on the Anti-Section 230 Craziness (Linkwrap)

Some Much-Needed Pushback on the Anti-Section 230 Craziness (Linkwrap)

The criticisms of Section 230 are a sign we’re living in Crazytown. The lies and misdirection about Section 230–coming both from cranks/trolls as well as our government leaders (please, no jokes about how those are the same thing)–are out of…

Correcting the Record on Section 230's Legislative History (Guest Blog Post)

Correcting the Record on Section 230’s Legislative History (Guest Blog Post)

by guest blogger Jeff Kosseff, author of The Twenty-Six Words That Created the Internet [Eric’s introduction: yesterday, I blogged the Second Circuit’s decision in Force v. Facebook. In dissent, Judge Katzmann wrote a lengthy examination of Section 230’s legislative history….

Second Circuit Issues Powerful Section 230 Win to Facebook in "Material Support for Terrorists" Case--Force v. Facebook

Second Circuit Issues Powerful Section 230 Win to Facebook in “Material Support for Terrorists” Case–Force v. Facebook

In a 101 page set of opinions, the Second Circuit ruled emphatically for Facebook in one of the multitudinous lawsuits alleging that it provided material support to terrorists (in this case, Hamas). The majority relied exclusively on Section 230, in…

Wisconsin Court Holds Amazon Can Be Strictly Liable for Marketplace Items--State Farm v. Amazon

Wisconsin Court Holds Amazon Can Be Strictly Liable for Marketplace Items–State Farm v. Amazon

This is another case seeking to hold Amazon liable for defective items sold by its marketplace vendors (in this case, a bathtub faucet adapter that led to a household flood). Amazon had a remarkable string of wins in cases like…

Russia Fucked With American Democracy, But It Can't Fuck With Section 230--Federal Agency of News v. Facebook

Russia Fucked With American Democracy, But It Can’t Fuck With Section 230–Federal Agency of News v. Facebook

The plaintiff FAN allegedly is part of a Russian government agency, Internet Research Agency, that undermined the integrity of our 2016 presidential elections. In other words, FAN apparently was a Russian troll operation. As part of its post-2016 election cleanup,…

Another Blocked Facebook User Loses in Court–Dipp-Paz v. Facebook

This ruling doesn’t break any new ground, so I’m blogging it mostly for completeness. The pro se plaintiff sued Facebook for violating his free speech rights by blocking his account. He alleged: It’s not the first time that I get…

1H 2019 Quick Links, Part 4 (Section 230, Content Moderation)

Section 230 * Historical archive of Section 230 case materials (with Jeff Kosseff) * Some Congressmembers are developing a letter asking the State Department to delete the Section 230-like immunity from the USMCA. Background. * Cunningham v. Montes, 2019 WL…