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Section 230 Preempts Two More Harassment Lawsuits

Eric Goldman

Recapping a couple of doomed-from-inception lawsuits. Those items got indexed in Google and appeared in Benedict’s vanity searches. A defendant also does not “use” the mark under the Lanham Act if it merely produces search results that contain the plaintiff’s mark.” Benedict v. Google LLC , 2024 WL 3427161 (D.

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

Eric Goldman

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.

Lawsuit 105
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Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. Thus, to remedy the alleged defect, Defendants would have to change the content posted on their platforms.

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

Eric Goldman

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. As a result, the court finds that much of the lawsuit is a SLAPP.

Defendant 105
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Section 230 Helps Amazon Defeat False Advertising Lawsuit Over Printer Ink Cartridges–Planet Green v. Amazon

Eric Goldman

.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon over its competitors’ alleged misdeeds, going so far to breathlessly issue a press release that it had “filed a $500 million lawsuit against tech giant Amazon.” They have raised a total of $150 of their $500k goal. ccBill , LW v.

Lawsuit 95
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Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Eric Goldman

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. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.

Lawsuit 102
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Misidentified Person Loses Defamation Claim Against Tabloid–Bloom v. A360

Eric Goldman

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.