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2023 Quick Links: Section 230

Eric Goldman

2023 WL 5017711 (D. July 28, 2023). Also, “The complaint does not allege specific facts to support an inference that Facebook has assumed a traditional public function, that the state coerced Facebook’s conduct, or that Facebook and the state are interdependent.” Platkin, 2023 WL 6389744 (D.N.J.

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Lessons Learned from 2024 and the Year Ahead in AI Litigation

Debevoise Data Blog

But courts may take divergent paths on those issues, especially given the fact-specific nature of many of the plaintiffs challenges, which depend not only on their specific claimed rights but also on the way each AI company has trained their model and how those models function. Showing Substantial Similarity of Generative AI Outputs.

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The Competition Between Temu and Shein Moves Into a Courtroom–Whaleco v. Shein

Eric Goldman

It says it quickly attracted 170 DMCA notices a day, 63% from Shein–a total of 33k notices by the end of 2023. The court refuses Temu’s preliminary injunction request. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. Alper Automotive v.

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Ripoff Report Gets a Pricey Lesson on Section 230–Selker v. Xcentric

Eric Goldman

He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. Ripoff Report removed the case to federal court. The plaintiff successfully remanded the case back to state court and got some of its attorneys’ fees covered.

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Court Says No Human Author, No Copyright (but Human Authorship of GenAI Outputs Remains Uncertain) (Guest Blog Post)

Eric Goldman

district court granted summary judgment for the Copyright Office in Thaler v. 18, 2023), affirming the Copyright Office’s position that “a work generated entirely by an artificial system absent human involvement [is not] eligible for copyright.” As one example of this, the district court pointed to Urantia Found.

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Reddit Defeats Lawsuit Over Removal of r/WallStreetBets Moderator’s Privileges–Rogozinski v. Reddit

Eric Goldman

The court rules for Reddit on all counts. The court says Rogozinski doesn’t have priority over Reddit. The court does not credit Rogozinski’s role in creating the subreddit as a use in commerce, and Rogozinski’s other uses (such as the book title) don’t count either. State Law Claims.

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Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Eric Goldman

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. ” The court cites Force v. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I