Eric Goldman

JUNE 7, 2024

But that is insufficient to raise an inference of actual malice, as all that those allegations plausibly suggest is a negligent failure to uncover the truth rather than a subjective awareness of falsity Nor can defendant’s alleged failure to investigate whether the photograph was of Zilis save plaintiff’s claim from dismissal.

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Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

MAY 8, 2024

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. Facebook , Herrick v. Grindr , Cohen v. Third-Party Content.

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Failure-to-appear Defendant Judge Court 105

Eric Goldman

FEBRUARY 17, 2025

I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] ” In 2018, the state claimed Facebook violated the law, and Facebook stipulated to a $200k judgment. .” In December 2024, the appeals court affirmed everything.

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Law Law Court Failure-to-appear 52

Eric Goldman

AUGUST 13, 2024

Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” 12, 2024) The post Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack appeared first on Technology & Marketing Law Blog. Substack is entitled to immunity.

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Failure-to-appear Defendant Court Law 105

MatterSuite

SEPTEMBER 9, 2024

Corporate legal departments are facing a transformative year in 2024, driven by evolving technologies, regulatory demands, and shifting workforce dynamics. This blog outlines key considerations and strategies for corporate legal departments in 2024, drawing insights from various industry reports and expert analyses.

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Failure-to-appear Compliance Lawyer Legal technology 52

Eric Goldman

JANUARY 27, 2024

A victim flagged messages for Snapchat, allegedly to no effect, and law enforcement may have felt like Snapchat ghosted them and then dragged its feet in replying. However, Snapchat eventually turned over the perpetrators’ identities to law enforcement in both cases. The plaintiffs tried again, with the same result. Section 230.

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Failure-to-appear Court Litigator Litigation 97

Eric Goldman

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

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Court Failure-to-appear Judge Litigator 115

Eric Goldman

JUNE 4, 2024

If you’re relatively new to Internet Law, Lady Freethinker’s arguments may sound like a clever legal approach. AOL from 2003, a case I still include in my Internet Law casebook. ” The TOS provides additional details about what YouTube considers impermissible animal abuse. But not at the expense of Section 230!)

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Failure-to-appear Defendant Court Law 98

Eric Goldman

FEBRUARY 21, 2024

Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds.

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Defendant Failure-to-appear Court Judge 95

Eric Goldman

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. A couple of keyword ad cases from a couple of months ago. Alsa Refinish LLC v. Walmart Inc. Seriously, dude?

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Lawsuit Court Failure-to-appear Defendant 98

MatterSuite

SEPTEMBER 9, 2024

Corporate legal departments are facing a transformative year in 2024, driven by evolving technologies, regulatory demands, and shifting workforce dynamics. This blog outlines key considerations and strategies for corporate legal departments in 2024, drawing insights from various industry reports and expert analyses.

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Failure-to-appear Compliance Lawyer Legal technology 40

Eric Goldman

APRIL 1, 2024

But, outside the Roblox platform, there are a number of online casinos that take wagers in Robux. Those online casinos entice minors to come gamble away their Robux. Roblox processes that transaction, and it takes a cut. Some of the plaintiffs’ claims survive Roblox’s motion to dismiss. Statutory Standing. Machine Zone and Taylor v.

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Defendant Failure-to-appear Court Hearing 98

Eric Goldman

JANUARY 24, 2024

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.

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Court Failure-to-appear Lawsuit Judge 105

CloudNine

JUNE 6, 2024

By Rick Clark The Future Lawyer 2024 Conference was held in Boston, MA, and hosted by Ropes & Gray LLP in their Prudential Tower offices. The law firm day topics hovered mostly on how Generative and Predictive AI are gaining more steam in the legal industry, with the corporate agenda track more focused on change management.

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Lawyer Failure-to-appear Litigator Litigation 59

Eric Goldman

FEBRUARY 22, 2024

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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Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

MARCH 9, 2024

Note 2: when I worked at the law firm in the 1990s, the firm’s voicemail system allowed senders to send ringless voicemails, i.e., voicemails not preceded by a phone call. [This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. ” [Note 1: I HATE getting voicemails.

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Court Failure-to-appear Defendant Software 105

Eric Goldman

MARCH 25, 2024

Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. Self-proclaimed free-speech absolutist Elon Musk is notoriously thin-skinned when it comes to criticism directed at him. (As

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Defendant Court Litigator Litigation 105

Eric Goldman

DECEMBER 15, 2024

Goodness gracious, I could teach an entire semester of Internet Law focused solely on Uber’s TOS formation. It’s a source of never-ending, and sometimes avoidable, drama. This opinion is a companion to the Massachusetts Supreme Court’s decision in Good v. Uber , which upheld an identical TOS formation process.

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Failure-to-appear Court Judge Law 52

Eric Goldman

JUNE 14, 2024

I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious. The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss. However, this is not the final word in the matter.

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Lawsuit Court Defendant Failure-to-appear 102

Debevoise Data Blog

NOVEMBER 21, 2023

Consent for use of personal data: The German competition regulator used national competition laws to extend the Digital Market Act’s user consent requirements to additional Google services offered within Germany. Data Privacy Framework: EU businesses intending to take advantage of the EU-U.S. providers, notwithstanding the framework.

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Data protection Compliance Failure-to-appear e-records 52

CloudNine

AUGUST 1, 2024

By Rick Clark The Masters Conference for Legal Professionals in New York City hosted by Morgan Lewis LLP on July 24th was replete with insights on applying AI to eDiscovery, collecting and reviewing text and chat app data and information governance. This approach helps to tell the whole story while saving time and reducing costs.

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Failure-to-appear Compliance Digital evidence Time-tracking 59

Eric Goldman

MARCH 12, 2024

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. Tubi sought to send the case to arbitration per its TOS. The court says no. The account signup page on mobile devices looked like this (Screen 1): Note the unusual “skip” link in the upper right–what happens if users select it?

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Court Failure-to-appear Defendant Law 97

Eric Goldman

JUNE 9, 2024

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. Most FOSTA opinions are lengthy, but this one was short because the law was quite clear. Backpage.com, LLC, 2024 WL 2853969 (N.D.

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” and is “a description of its moderation policy.”

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

OCTOBER 28, 2024

Under California law, “oppression is even more onerous” when a “clause pegs both the scope and procedure of the arbitration to rules which might change.” Under California law, “oppression is even more onerous” when a “clause pegs both the scope and procedure of the arbitration to rules which might change.”

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Failure-to-appear Court Defendant Law 95

Eric Goldman

OCTOBER 13, 2024

Grande made a bizarre argument that Grokster overrode decades of common law contributory copyright infringement doctrine, leaving only the inducement doctrine in place. After all, the Grokster court spent no energy explaining its rearticulation as a variation on the traditional common law test. NOCIs to Grande between 2011 and 2017.

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Court Failure-to-appear Defendant Lawsuit 98

Eric Goldman

DECEMBER 11, 2024

“Ryans breach of contract claim fails as a matter of law because it is barred by section 230(c)(1)… his suspension was undertaken by X in its capacity as a publisher of information.” Section 230 Much of this case turns into a surprisingly easy Section 230 dismissal. ICS Provider. Third-Party Content. Twitter , Zimmerman v.

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Lawsuit Court Failure-to-appear Intellectual Property 52

Eric Goldman

SEPTEMBER 27, 2024

9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230 at this point? District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct. Like other cases in this genre, it goes poorly for Facebook.

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Court Lawsuit Judge Defendant 105

Debevoise Data Blog

NOVEMBER 4, 2024

On October 22, 2024, the U.S. The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures. million to resolve allegations that it violated the False Claims Act (the “FCA”).

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Compliance Failure-to-appear Lawsuit Court 52

Wisblawg

APRIL 26, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. 2024) by RENAGH O’LEARY , UW Law School Community supervision agencies and officers do not just supervise people on probation and parole. Legal Studies Research Paper No.

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Failure-to-appear Law Law Defendant 40

Eric Goldman

OCTOBER 27, 2024

She got less than 2,000 votes in the June 2024 primary. “several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” 2024 WL 4565091 (N.D. Her claims go nowhere. Facebook case. Negligence.

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Lawsuit Failure-to-appear Defendant Court 102

Eric Goldman

NOVEMBER 10, 2024

[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds are extremely high that he will finish this project and repeal Section 230 in the near future. Charles and Romelus filmed each other while they raped Plaintiff.

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Defendant Lawsuit Failure-to-appear Court 117