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

Eric Goldman

I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. See this ruling for another example of the same parlor trick).

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Banking Agencies Propose 36-Hour Data Breach Reporting Rules for Significant Incidents

Debevoise Data Blog

A 36-hour deadline appears to be one of the most rigorous timeframes of any U.S. Background Banking organizations already are subject to reporting obligations of cyber events and data breaches under applicable federal and state laws. breach reporting scheme.

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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

The court dismisses the case but gives the plaintiff the chance to amend the complaint to plead failure-to-warn and negligent design–because those arguments show up in virtually every 230 case now. . § 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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Grindr Defeats FOSTA Claim–Doe v. Grindr

Eric Goldman

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. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Eric Goldman

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? Tam (2017) and Iancu v.

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Five Decisions Illustrate How Section 230 Is Fading Fast

Eric Goldman

” The court distinguishes a long list of precedents that it says don’t apply because they “involved state action that interfered with messaging or other expressive conduct—a critical element that is not present in the case before this court.”

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