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Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Eric Goldman

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising.

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Cruiseing for Waymo Lawsuits: Liability in Autonomous Vehicle Crashes

Richmond Journal of Law and Technology

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Section 230 Immunizes Snap, Even if It’s “Inherently Dangerous”–L.W. v. Snap

Eric Goldman

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Instagram Defeats Lawsuit Claiming It Was a “Breeding Ground” for Sex Traffickers–Doe v. Backpage

Eric Goldman

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § Doe claims she was sex-trafficked on Instagram. 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.”

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Ninth Circuit Says Section 230 Preempts “Defective Design” Claims–Doe v. Grindr

Eric Goldman

Even though the legal system punished the wrongdoers, the lawsuits continue. Doe met each man in person and was sexually assaulted and raped. Three of the men are in jail; one is on the lam. Doe sued Grindr for strict products liability, negligence, and FOSTA. The district court dismissed the case.

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Grindr Defeats FOSTA Claim–Doe v. Grindr

Eric Goldman

Even though the legal system punished the wrongdoers, the lawsuits continue. Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content.

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