Chegg Is Likely to Prevail on Its Anti-Scraping Contracts Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)
…try to accommodate competing interests in accordance with prevailing legal theories, including breach of contract, the CFAA, misappropriation, and various forms of intellectual property protection. Power Ventures, hiQ Labs, the…
Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon
…appeared in either the Westlaw or Lexis caselaw databases.] Breach of Contract. The complaint doesn’t point to any express provision Amazon allegedly breached. Plus, the contract reserved Amazon’s right to…
Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)
…of contract law. Specifically, those who allegedly breached contracts over information goods can (and often do) argue that the contract is expressly preempted by section 301(a) of the Copyright Act….
Reddit Defeats Lawsuit Over Removal of r/WallStreetBets Moderator’s Privileges–Rogozinski v. Reddit
…had a hand in creating, even in part, any artwork or posts by users or moderators nor that Reddit required any content to be posted.” “Rogozinski alleges Reddit breached its…
How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)
…Licensing Terms Might Constitute Breach Plaintiffs’ logic on the breach of license claims is similar to the DMCA claims. Plaintiffs allege: Plaintiffs advance claims for breach of the eleven suggested…
Microsoft Can Terminate User Account for Allegedly Possessing CSAM. But What If It Made a Mistake?–Deutsch v. Microsoft
…submitted a cybertip to NCMEC. The plaintiff initiated an arbitration against Microsoft alleging breach of contract, breach of the implied duty of good faith and fair dealing, negligence, breach of…
Service Provider to a Ponzi Scheme Operation Qualifies for Section 230–Wiand v. ATC Brokers
…knowledge of the fraud and breach of fiduciary duty.” Additionally, Plaintiff argues Spotex provided “substantial assistance by automating the process by which the CFTC [Action] Defendants could manipulate the trading…
After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)
…it, to argue that when a scraper has actual notice of terms and continues to access a site in violation of those terms, that it is liable for breach. There…
Snapchat Defeats Lawsuit Over User-to-User Harassment–Ziencik v. Snap
…anti-social conduct. The court disagrees. The victims sued Snapchat for SIXTEEN causes of action: “strict products liability (counts 1-3); breach of implied and express warranties (counts 4-5); negligence (counts 6-9);…
Twitter Defeats Account Suspension Lawsuit Again–Al-Ahmed v. Twitter
…claims related to Al-Ahmed’s account suspension: “SCA, civil conspiracy, UCL, breach of contract, and promissory estoppel.” This list includes some claims that plaintiffs think should not be covered by Section…