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Tag Archives: defamation
Content Moderation at Scale, DC Version
Foundations: The Legal and Public Policy Framework for Content Eric Goldman gave a spirited overview of 230 and related rules, including his outrage at the canard that federal criminal law hadn’t applied to websites until recently—he pointed out that online … Continue reading
Posted in Uncategorized
Tagged conferences, Content Moderation at Scale, copyright, DC Version 230, defamation, dmca, secondary liability
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Sock puppet reviews aren’t literally false absent additional non-identity literal falsity, court rules
Nunes v. Rushton, No. 2:14-cv-00627, — F.Supp.3d —-, 2018 WL 1271446 (D. Utah Mar. 9. 2018) Every time I think I’ve seen it all, I’m reminded that humans are not only stranger than we imagine, they are stranger than we … Continue reading
Suing critics using copyright doesn’t work
Hosseinzadeh v. Klein, No. 16-cv-03081 (S.D.N.Y. Aug. 23, 2017) Hosseinzadeh posts original video content on YouTube, playing a character known as “Bold Guy.” Ethan and Hila Klein criticized “Bold Guy vs. Parkour Girl,” in which the Bold Guy flirts with … Continue reading
taking customer list as conversion; false claims of official investigation as false advertising
Yeti Enters. Inc. v. Tang, 2017 WL 3478484, No. 13-cv-01203 (D. Or. Aug. 14, 2017) This is a tangled story that illustrates how false advertising claims can arise from failed business agreements. Plaintiff NPK sued Nicholas Jackson and Jessica Lilga … Continue reading
Yelp avoids liability for allegedly biased filter yet again
Albert v. Yelp, Inc., 2016 WL 3910830, No. G051607, 44 Media L. Rep. 2357 (Cal. Ct. App. July 15, 2016) Albert, who operates a small law office, sued Yelp for various claims, and Yelp brought an anti-SLAPP motion. Although she … Continue reading
Don’t sell a business and then keep running it
Electrology Laboratory, Inc. v. Kunze, 169 F.Supp.3d 1119 (D. Colo. 2016) Larry Paul Kunze a/k/a Lorenzo Kunzel sold his family business, plaintiff ELI (d/b/a Rocky Mountain Laser College/RMLC), “but couldn’t give it up. So, as the evidence revealed, even while … Continue reading
Volunteer moderator plausibly alleged to be agent of ISP for 230 purposes
Enigma Software Gp. USA LLC v. Bleeping Computer LLC, 16 CV 57 (S.D.N.Y. Jul. 8, 2016) Eric Goldman probably won’t like this decision holding that a volunteer moderator may be treated as the ISP’s agent when the ISP gives enough … Continue reading
Failure to show harm dooms many claims based on negative press release
Synygy, Inc. v. ZS Associates, Inc., — F.Supp.3d —-, 2015 WL 5818510, No. 10-4274 (E.D. Pa. July 30, 2015) Wow, this one’s been going on for a while. Note that evidence of damages is key to the traditional, non-commercial-speech … Continue reading
is “this video has been removed for violating the ToS” commercial advertising?
Darnaa, LLC v. Google, Inc., 2015 WL 7753406, No. 15-cv-03221 (N.D. Cal. Dec. 2, 2015) Darnaa posted a music video, Cowgirl, to YouTube. At one point, YouTube removed the video from its original location, later reposting it at a … Continue reading
