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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.
There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.
This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising.
is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. GitHub, Inc.
The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. Overall, today was a better-than-expected day for the Internet’s short-term future. [FN:
The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.
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.
August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.
Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. [Eric’s note: this is the post you’ve been waiting for: Prof. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).
” 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.
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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