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A good example is the Craigslist, Inc. v. 3Taps Inc. opinion from 2013, where the court said: The Court need not decide, however, whether any contract could be preempted by the Copyright Act, because the contract that Craigslist alleges here involves a number of “extra element[s]” not merely “equivalent to” rights under the Copyright Act. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

[Eugene Volokh] Publishers' Claims Over Alleged Harassment Campaign by eBay Can Go Forward

13 Dec 2023, 6:12 am by Eugene Volokh

Mass.) in Steiner v. eBay, Inc. [read post]

The Volokh Conspiracy - http://www.volokh.com/

DC Circuit Upholds FOSTA’s Constitutionality (By Narrowing It)–Woodhull v. U.S.

23 Jul 2023, 10:32 am by Eric Goldman

Reddit, Inc., 51 F.4th 1137, 1141, 1145 (9th Cir. 2022), and so all courts to have decided the issue thus far are now in alignment. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Uh-Oh, the Ninth Circuit Is Messing Again With Its Roommates Ruling–Vargas v. Facebook

26 Jun 2023, 7:51 am by Eric Goldman

Facebook, Inc., 2023 WL 4145434 (9th Cir. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Section 230 Immunizes Snap, Even if It’s “Inherently Dangerous”–L.W. v. Snap

7 Jun 2023, 6:56 am by Eric Goldman

Snap Inc., 2023 WL 3830365 (S.D. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable)

5 May 2023, 8:47 am by Eric Goldman

Craigslist, Inc., 2023 WL 3220913 (9th Cir. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Reddit

26 Oct 2022, 7:59 am by Eric Goldman

Reddit, Inc., 2022 WL 13743458 (9th Cir. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

California Anti-SLAPP Law Doesn’t Protect Negative Patient Review of Doctor–Premier Brain & Spine v. Cudia

20 Aug 2022, 7:26 am by Eric Goldman

[On this point, see Creative Care, Inc. v. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Quick Links from the Past Year, Part 7 (Section 230)

9 Jul 2022, 11:48 am by Eric Goldman

Craigslist, Inc., 519 F.3d 666 (7th Cir. 2008), the Seventh Circuit held that the CDA barred a claim alleging that craigslist, an online messaging board, was liable for discriminatory housing advertisements that its users posted on its website. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Section 230 Helps Craigslist Defeat Sex Trafficking Case–LH v. Marriott

28 May 2022, 6:47 am by Eric Goldman

Marriott Int’l, Inc., 2022 WL 1619637 (S.D. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Salesforce

27 May 2022, 7:49 am by Eric Goldman

This is another lawsuit where the plaintiff claims to have been sex trafficked on Backpage. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

2 May 2022, 7:42 am by Venkat Balasubramani

The hiQ v. [read post]