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Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 882 (2006).
To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s caselaw concerning the fair-use doctrine. In April 2017, it filed a lawsuit against Goldsmith and her agency (now known as Lynn Goldsmith, Ltd.,
This post focuses only on one corner of the lawsuit. ” That interpretation of Section 230 is obviously wrong, and the appeals court simply replies that “caselaw from other jurisdictions is uniformly to the contrary.” 2006), which stands for the opposite proposition. Rosenthal , and Zeran v.
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