Courts’ Expectations for TOS Formation Keep Going Up—Lee v. Plex
…No. 22-cv-05015-SVK, ECF No. 32 (March 30, 2023). The court says that Chabolla occurred since the Miller ruling, which justifies the different outcome. This confirms that TOS formation processes that…
Section 230 Immunizes OnlyFans for User-Uploaded Video (Again)–Doe v. Fenix
…This opinion is shot through with the Moderator’s Dilemma. Should Pornhub do more or less moderation? The more it does, it seems like the court expects moderation to be done…
Another N.D. Ill. Judge Balks at SAD Scheme Joinder–Zaful v. Schedule A Defendants
Zaful is an online retailer with a trademark that seemingly rhymes with…awful? It claims copyright in 1,800+ product shot photos and says TEMU merchants are infringing those product shots in…
Online Marketplace Defeats Lawsuit Over Murder–Roland v. Letgo
…agreed to meet Brown in person to buy the car. At the meeting, Brown tried to rob them at gunpoint. When the husband fought back, Brown shot them both dead….
Messaging App Isn’t Liable for an Offline Murder (Even Without Section 230)–Roland v. Letgo
…person to buy the car. At the meeting, Brown tried to rob them at gunpoint. When the husband fought back, Brown shot them both dead. This lawsuit seeks to hold…
Twitter Defeats Trump’s Deplatforming Lawsuit–Trump v. Twitter
…best shot, and none of the court’s rationales are unexpected or unanticipated. So the amended complaint will undoubtedly fail too. Then it’s onto the Ninth Circuit. The question everyone wants…
How Fair Use Helps Bloggers Publish Their Research (Cross-Post)
…30 sentence new article. Defendants have also won fair use-based motions to dismiss over republishing a partial screen shot (Yang v. Mic Networks, Inc., 405 F. Supp. 3d 537 (S.D.N.Y….
2021 Section 230 Year-in-Review
…Section 230. Two Wisconsin federal district courts said that Section 230 didn’t protect Armslist from personal injury claims by people shot using guns purchased there. The rulings conflict with the…
Armslist Loses Two Section 230 Rulings, But Still Defeats Both Lawsuits
…companies offering similar services abandoned it Nevertheless, the court dismisses for lack of causation: It is clear from the complaint that Schmidt was shot and killed by her estranged husband,…
Blogger Defeats Defamation Claims–Buckley v. Moore
…of investment products. Moore shot down Top Gun Options in a review entitled “Top Gun Options: A Paper Tiger?” I found this passage especially evocative: if Donald Trump were to…