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2023 Quick Links: Section 230

Eric Goldman

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Where the motion to dismiss concerns questions of law, additional discovery is not required.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Eric Goldman

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. On appeal, the Second Circuit vacates the account transfers to JLM.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.

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Searing Lessons From a State Bar Complaint: A Lawyer’s Story

Attorney at Work

My first knowledge that a complaint had been filed came by certified letter in 2012 — six years later — from the Iowa Supreme Court Client Security Board, which is charged with policing the professional interactions of Iowa’s 7,500 attorneys. Unfortunately, that’s something I know from personal experience. The State Bar Complaint Arrives.

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Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

Eric Goldman

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. If 512(a) provided full immunity, the Copyright Alert System was unnecessary and pernicious to both IAPs and their subscribers.

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