2024, Failure-to-appear and Lawsuit - Legal Tech Connection

Section 230 Preempts Two More Harassment Lawsuits

Eric Goldman

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. Google LLC , 2024 WL 3427161 (D. July 16, 2024) Lance Benedict is a musician. Those items got indexed in Google and appeared in Benedict’s vanity searches. 2024 WL 3421685 (Mass. Benedict v. Benedict complained to Google with predictable (non)results.

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Lawsuit Failure-to-appear Defendant Court

Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. Encor

Eric Goldman

SEPTEMBER 28, 2024

” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true. .” ” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true.

Lawsuit

Lawsuit Failure-to-appear Defendant Court

Misidentified Person Loses Defamation Claim Against Tabloid–Bloom v. A360

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.” US Weekly published two articles on the story and posted to Instagram. Defamation.

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Catching Up on Two Keyword Ad Cases

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

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Eric Goldman

JUNE 14, 2024

Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts. Ultimately, I understand why the school districts joined the lawsuit–on the can’t hurt, might help theory that maybe they could get a little money for no additional work on their part.

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Snapchat Isn’t Liable for Offline Sexual Abuse–VV v. Meta

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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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

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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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

DECEMBER 18, 2024

Lloyd sued Facebok for a variety of claims (I initially described the suit as “a standard kitchen-sink pro se lawsuit against Facebook”). 2024 WL 5121035 (N.D. Facebook appeared first on Technology & Marketing Law Blog. The district court dismissed the complaint in 2022. Lloyd’s breach-of-contract claim.”

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Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. As a result, the court finds that much of the lawsuit is a SLAPP. By declaring the lawsuit a SLAPP, the court concludes that Twitter misused the court system in an attempt to suppress CCDH’s speech.

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Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

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.

Defendant

Defendant Court Failure-to-appear Lawsuit

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

Eric Goldman

JUNE 9, 2024

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § Backpage.com, LLC, 2024 WL 2853969 (N.D. Doe claims she was sex-trafficked on Instagram. ” Cite to Lemmon v. Snap , Barnes , Roommates , Dyroff. Case Citation : Doe (K.B.)

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Lawsuit Criminal trial Court Failure-to-appear

Cyber Whistleblower Leads to DOJ Civil Settlement

Debevoise Data Blog

NOVEMBER 4, 2024

On October 22, 2024, the U.S. The complaint was brought under the FCA’s qui tam provisions, whereby a private citizen can bring a lawsuit on behalf of the government. The underlying failures alleged in the settlement occurred between 2018 and 2023. million to resolve allegations that it violated the False Claims Act (the “FCA”).

Compliance

Compliance Failure-to-appear Lawsuit Court

What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta

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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Suspended Twitter User Loses Lawsuit Due to Section 230–Ryan v. X

Eric Goldman

DECEMBER 11, 2024

[This blog post covers two decisions in the same lawsuit: the ruling on X’s initial motion to dismiss from September, which apparently never triggered my Westlaw or Lexis alerts, and then a ruling on X’s motion to dismiss the amended complaint that the court issued this week. ICS Provider. Third-Party Content.

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Five Decisions Illustrate How Section 230 Is Fading Fast

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.

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Internet Access Providers Face Contributory Copyright Liability for Subscribers’ Infringements–UMG v. Grande

Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. For more background on this issue, see this rrcap and the links at the bottom of this post. My post on a pre-pandemic district court ruling in this case. As usual, a key non-litigant is Rightscorp, which sent 1.3M

Court

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Section 230 Immunizes OnlyFans for User-Uploaded Video–Doe v. Fenix

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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Legal Tech Connection

Section 230 Preempts Two More Harassment Lawsuits

Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. Encor

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Misidentified Person Loses Defamation Claim Against Tabloid–Bloom v. A360

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Catching Up on Two Keyword Ad Cases

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Snapchat Isn’t Liable for Offline Sexual Abuse–VV v. Meta

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

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

Cyber Whistleblower Leads to DOJ Civil Settlement

What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta

Suspended Twitter User Loses Lawsuit Due to Section 230–Ryan v. X

Five Decisions Illustrate How Section 230 Is Fading Fast

Internet Access Providers Face Contributory Copyright Liability for Subscribers’ Infringements–UMG v. Grande

Section 230 Immunizes OnlyFans for User-Uploaded Video–Doe v. Fenix

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