Category Archives: 230

Click click boom: affiliate marketing network liable for affiliates’ false advertising

Posted on April 10, 2015 by rtushnet

FTC v. LeanSpa, LLC, No. 11-CV-1715 (D. Conn. Mar. 5, 2015)   The FTC challenged the use of fake news (and no, they don’t mean The Daily Show) to sell LeanSpa’s weight-loss and colon-cleanse products online. LeanSpa sold its products … Continue reading →

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ANA conference: Miss. AG Jim Hood

Posted on April 1, 2015 by rtushnet

Keynote Address, Jim Hood, Attorney General, State of Mississippi, President, National Association of Attorneys General (NAAG)   Law enforcement has to be moving to the internet, where crime is going. Worked with ISPs on child porn/hash screening. We do hacking, … Continue reading →

Posted in 230, advertising, google, http://schemas.google.com/blogger/2008/kind#post, privacy | Leave a comment

Bad 230 ruling for LivingSocial

Posted on March 23, 2015 by rtushnet

Faegin v. LivingSocial, Inc., 2015 WL 1198654, No. 14cv00418 (S.D. Cal. Mar. 16, 2015)   After losing its attempt to mandate arbitration, LivingSocial gets a terrible §230 ruling in this trademark infringement etc. case involving vouchers it sold.   The … Continue reading →

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commercial advertising or promotion post-Lexmark

Posted on March 20, 2015 by rtushnet

Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 1191267 (S.D. Fla. Mar. 16, 2015)   Steven Novella wrote two articles criticizing the practice of Edward Tobinick, “a doctor who provides medical treatment to patients with ‘unmet medical needs’ via two institutes—‘Edward … Continue reading →

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230 defeats false advertising claim against search engines

Posted on February 3, 2015 by rtushnet

Baldino’s Lock & Key Service, Inc. v. Google, Inc., No. 1:14-cv-00636 (E.D. Va. Jan. 27, 2015)   Defendants Yellowbook and Ziplocal provide online search engines for businesses, allowing search by type of service and geographic area.  Baldino’s is a Washington … Continue reading →

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Garcia v. Google briefs

Posted on November 26, 2014 by rtushnet

Going up at the Ninth Circuit’s site.  The Organization for Transformative Works filed a brief arguing that the injunction wrongly circumvented the protections of CDA 230 and the DMCA, available here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Yelp statements about its filters not protected by anti-SLAPP law or CDA

Posted on July 25, 2014 by rtushnet

Demetriades v. Yelp, Inc., 2014 WL 3661491, No. B247151 (Cal. Ct. App. July 24, 2014) Demetriades operates restaurants and sued Yelp under California’s UCL and FAL based on claims about the accuracy and efficacy of its “filter” of unreliable or … Continue reading →

Posted in 230, california, commercial speech, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Apple loses 230 defense to app privacy claims but still wins dismissal

Posted on May 27, 2014 by rtushnet

Opperman v. Path, Inc., 2014 WL 1973378,  No. 13-cv-00453 (N.D. Cal. May 14, 2014) This big class action against Apple and fourteen app developers has a lot of issues; I’ll try to focus on the consumer protection parts.  Plaintiffs alleged … Continue reading →

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Competitor that operates review website not protected by 230

Posted on March 14, 2014 by rtushnet

Moving & Storage, Inc. v. Panayotov, No. 12–12262, 2014 WL 949830 (D. Mass. Mar. 12, 2014) Here’s one of the §230 situations that fascinates me.  Defendants operate a moving company review website, MyMovingReviews.com … and their own moving company.  The … Continue reading →

Posted in 230, copyright, http://schemas.google.com/blogger/2008/kind#post, tortious interference, trademark | Leave a comment

Form v. content in DMCA notices

Posted on March 11, 2014 by rtushnet

Still working on a long post on Garcia v. Google because ugh, but here I go on a side note: David Post has a post up, Why Google shouldn’t be the copyright court of last resort, which argues that Google … Continue reading →

Posted in 230, dmca, google, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment