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MA Supreme Court Blesses Uber’s TOS Clickthrough Formation–Good v. Uber

Eric Goldman

4, 2021), the Massachusetts Supreme Court struck down Uber’s TOS because it wasn’t properly formed. The Massachusetts Supreme Judicial Court blessed the TOS formation re-do in a 6-1 vote, so Uber’s patch worked from a legal standpoint and it gets to send this case to arbitration. In Kauders v. Uber Techs. ,

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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

The court agrees with Microsoft. ’…the trial court was correct to grant summary judgment finding Microsoft immune from Mr. Mich. 2013 WL 664231 (E.D. 2013); O’Kroley v. Among other defendants, he sued Microsoft for Bing search results linking to the episode. Microsoft defended on Section 230 grounds.

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Section 230 Once Again Immunizes Google’s Search Results–Metroka v. PA Law Enforcement

Eric Goldman

The court easily dismisses per Section 230: ICS Provider. Numerous courts have held Google is one. ” The court summarizes: “Google has immunity from her state law claims, as it cannot be held liable for search engine results showing a third party’s statement.” This court repeatedly cites the Kabbaj case.

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Judge Pushes Back on SAD Scheme Sealing Requests

Eric Goldman

“The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief.” Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D.

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After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

Eric Goldman

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. The court dismissed the market division argument on the grounds that it was time barred.

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Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Eric Goldman

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. ” The district court granted summary judgment to IJR. Nature of Use.

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Two Common but Disingenuous Phrases About Section 230

Eric Goldman

I hope this post makes clear why I get so irritated whenever I see the phrases referenced in a court opinion or invoked by a grandstanding politician. Wells , 2013 WL 1010589 (E.D.N.C. March 14, 2013) Jones v. 12, 2013) J.S. Superior Ct. 28, 2011) Hare v. Richie, 2012 WL 3773116 (D. 29, 2012) Ascend Health Corp.

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