Section 230 Protects HOA for Publishing Meeting Minutes–Eagle Ridge Townhouse Ass’n v. Snapp
The dispute involves Galena Territory, a community governed by a property owner’s association (GTA) with several subdivisions also managed by HOAs. Homeowners in those subdivisions are members of both their subdivision HOA and the GTA. One of the subdivision HOAs…
A Significant Section 230 Defense Win in the Ninth Circuit–Dyroff v. Ultimate Software
This is an important Section 230 ruling from the Ninth Circuit. First, it decisively rejects several of the flavor-of-the-month theories plaintiffs have advanced to eviscerate Section 230. Second, the opinion resolves those theories efficiently and with little wasted motion. That…
Section 230 Doesn’t Protect Print-on-Demand Vendor–Atari v. Sunfrog
Atari sued a print-on-demand outfit, Sunfrog, for user-uploaded designs that are allegedly infringing. In addition to copyright and trademark claims, Atari asserted an unfair competition claim. Sunfrog defended that claim on Section 230 grounds. The court says no. At this…
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
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]](https://blog.ericgoldman.org/wp-content/uploads/2019/08/512f-tombstone-150x150.jpg)
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)
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)
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
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
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…