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Two More Courts Tell Litigants That Social Media Services Aren’t State Actors

Technology & Marketing Law Blog

YouTube , 2021 WL 5399916 (E.D. Based on the Complaint’s allegations, it appears the named Defendants – a private social media company and its legal department – are not subject to liability under Section 1983. 21-0548, 2021 WL 1338958, at *2 (N.D. 2021 WL 5399885 (9th Cir. Prager Univ. Google LLC , 951 F.3d

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Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” Unlike a parodic use, widespread adoption of the Sinclair Defendants’ use could overtake the market for Nicklen’s video. July 30, 2021).

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Does the First Amendment Permit Government Actors to Manage Social Media Comments?–Tanner v. Ziegenhorn

Technology & Marketing Law Blog

The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. In Australia, for example, government actors are dropping social media interactivity out of fear that they might be held liable for any defamatory user posts.

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Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. White

Technology & Marketing Law Blog

I’ve blogged some recent cases showing how it’s become really, really hard to win defamation cases over social media content (e.g., White , 2021 WL 4819592 (E.D. The post Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. Rapaport v. Barstool ).

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Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook

Technology & Marketing Law Blog

Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ 15, 2021): Bethune wants $222 billion in damages because Facebook shut down his page.

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What Happened to Gonzalez v. Google After the SCOTUS Decision?

Technology & Marketing Law Blog

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. Google * 2021 Section 230 Year-in-Review * Eleventh Circuit Rejects “Material Support for Terrorists” Case–Colon v. Two of those cases, Gonzalez v.

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UK Regulators Step up the Pressure on Influencer Marketing: Principles for Platforms, Brands and Content Creators

IP Tech Blog

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.