Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal
…avoiding potential liability for data privacy breaches. Ordering Facebook to allow access by BrandTotal, without BrandTotal completing Facebook’s usual vetting process and using the standard APIs for obtaining users’ permission…
QAnon Conspiracy Theorists Can’t Force YouTube to Carry Their Videos–Doe v. Google
…in breach of this Agreement or may cause harm to YouTube, our users, or third parties, we may remove or take down that Content in our discretion.” Cites to Lewis…
A Closer Look at a Troubling Anti-Scraping Ruling from Spring–Compulife Software v. Newman (Guest Blog Post)
…According to the Court: As used in FUTSA, “[i]mproper means” is defined to include “theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or…
Message Board Operator Isn’t Liable for Third-Party Posts (DUH)–East Coast Test Prep v. Allnurses
…that failed in Noah v. AOL in 2003. It fails again. The plaintiffs tried to structure a direct contract breach, to the same effect: Allnurses did not promise in the…
Google Defeats Account Termination Case on Section 230 Grounds (Mostly)–Enhanced Athlete v. YouTube
…v. Google, “a breach of implied covenant claim, because it is based in contract rather than a defendant’s status as a publisher, is not barred by Section 230(c)(1).” UGH. The…
Instagram User’s Lawsuit Over Terminated Account Gets Revived (But Not For Long)–Teatotaller v. Facebook
…contract breach claim. Presumably, if the plaintiff can’t show that Facebook made it “specific promises,” then Section 230 should independently wipe out whatever contract breach claim otherwise might be tenable….
Unhappy Google Advertiser’s Lawsuit Completely Falls Apart–Dreamstime v. Google
…whittled the case down, all that was left was a breach of the implied covenant of good faith and fair dealing plus associated 17200 claims on the theory that “Google…
Court Upholds Formation of a Lengthy Contract Presented on a Mobile Device–Hidalgo v. AAU
The plaintiffs are suing over a data breach. The defendant sought to invoke its arbitration clause in its membership agreement. The court finds the contract formed and sends the case…
Brokerage Account Formation Process Upheld–Valelly v. Merrill Lynch
The plaintiffs contend that their Merrill Lynch brokerage money was swept into unduly low-earning accounts. Among other things, they alleged breach of a quasi-contract, a claim that cannot work if…
Section 230 Ends Demonetized YouTuber’s Lawsuit–Lewis v. Google
…Act false advertising fraud breach of the implied covenant of good faith/fair dealing tortious interference He also claimed Section 230 is unconstitutional “because it allows Defendants to censor without liability…