Tag Archives: secondary liability

Content Moderation at Scale, 2/2

You Make the Call: Audience Interactive (with a trigger warning for content requiring moderation) Emma Llanso, Center for Democracy & Technology & Mike Masnick, Techdirt Hypo: “Grand Wizard Smith,” w/user photo of a person in a KKK hood, posts a … Continue reading

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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

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unauthorized sale of model’s photos leads to internally inconsistent TM/ROP ruling

Passelaigue v. Getty Images (US), Inc., 2018 WL 1156011, No. 16-CV-1362 (S.D.N.Y. Mar. 1, 2018) Elodie Passelaigue is a professional fashion model who sued under the Lanham Act, Washington state law, and New York law against Getty, Bill Diodato Photography, … Continue reading

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Purple haze: court declines to recognize contributory false advertising claim

Purple Innovations, LLC v. Honest Reviews, LLC, No. 2:17-cv-138, 2017 WL 3172810 (D. Utah Jul. 25, 2017) Mostly a jurisdiction case, but defendant GhostBed also successfully moved to dismiss Purple Innovations’ claim for contributory false association and false advertising.  Although … Continue reading

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LiveJournal’s missteps threaten its DMCA protection

Mavrix Photographs, LLC v. LiveJournal Inc., No. 14-56596 (9th Cir. April 7, 2017) Initial note: What the court here describes as LJ’s business model is in reality limited to its treatment of ONTD, the most popular community on LJ.  Most … Continue reading

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Who’s responsible for allegedly false, concealed endorsement deals?

Woodard v. Labrada, 2017 WL 1018307, — F. Supp. 3d —, No. 16-00189 (C.D. Cal. Mar. 10, 2017) I discussed this case before.  Woodard alleged misrepresentations about the effectiveness of weight loss supplements, specifically the Labrada Garcinia Cambogia Dual Action … Continue reading

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allegedly false generic claims not actionable, but contributory liability possible

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading

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