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Pro se litigants often claim that Internet services are state actors. Based on the Complaint’s allegations, it appears the named Defendants – a private socialmedia company and its legal department – are not subject to liability under Section 1983. Are SocialMedia Services “State Actors” or “Common Carriers”?
I never blogged the dual state and federal rulings in the SocialMedia Addiction cases from last Fall. I can’t easily track the state court litigation, but the federal litigation is a sight to behold. Case Citation : In re SocialMedia Adolescent Addiction/Personal Injury Products Liability Litigation , No.
Today, I’m covering AB 2408, a performative “protect kids online” bill that kick kids off socialmedia entirely and ruin the Internet for adults too. This will be a major shock to millions of Californians who value and enjoy socialmedia. Monday, I covered AB 2273, the Age-Appropriate Design Code.
This is a case focusing on ownership of socialmedia accounts. See “ SocialMedia Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the SocialMedia Account Ownership Jurisprudence–JLM v. (See The court also found “Ms.
There are two critically important cases over “socialmedia addiction” pending in California state court and as an MDL in the federal Northern District of California. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.
The categorization of socialmedia accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal socialmedia accounts. See Musk, Elon).
The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the socialmedia accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns socialmedia accounts?). ” (Cite to Pierson v.
The Texas socialmedia censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ socialmedia censorship law preempted the TOS venue clause. [FN: That was presumably the number when the complaint was filed. July 26, 2023).
All of the submitters are repeat players from the Florida litigation. This is why I see the Texas and Florida litigation as a generational battle over the Internet’s soul–and the future of free speech. Paxton, the Challenge to Texas’ SocialMedia Censorship Law appeared first on Technology & Marketing Law Blog.
The opinion holds that the key parts of Florida’s socialmedia censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas socialmedia censorship law to take effect via a 1-line order. “S.B.
A recent proliferation of false or hoax socialmedia content has targeted public figures and corporate accounts, and for plaintiffs seeking redress there are three types of claims that may be less-risky alternatives to defamation and libel litigation, say Charles Schafer and Ross Kloeber at Sidley.
Her latest trash lawsuit claimed that socialmedia, the government, and Procter & Gamble were all doing the RICO against her. With respect to the socialmedia services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers. The complaint.
Plaintiffs CAN’T WAIT to sue Internet services using the Texas socialmedia censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on socialmedia platforms.” But surprise! I hope it doesn’t.
Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor socialmedia service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether socialmedia services exercise editorial discretion. The Opinion. ” [cite to USTA v.
Following Elon Musk’s bold rebrand of socialmedia platform Twitter, the many lawsuits that have been expected have begun to roll in. In what is said to be the first, X SocialMedia, LLC has filed suit in the U.S. District Court for the Middle District of Florida, charging Musk’s X Corp.
Much of the language was written well before widespread adoption of socialmedia, and much of that language was vague even then. Though litigation in this space is becoming more common, there still is not a great deal and much of what we have seen has been against internet service providers, such as Cox Communications.
Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI. By: Association of Certified E-Discovery
Each of these lawsuits involved a familiar scenario, putting Hadid squarely in the “ I got sued for posting pictures of myself on socialmedia ” club—a club that’s now about as exclusive as a Sam’s Club membership. But this time, Hadid didn’t settle or litigate. She didn’t even hire a lawyer.
That Keighin was a prolific streamer on YouTube, Discord, Twitch, TikTok, Trovo, Kick, Vaughn, Dlive, Picarto, Nimo, Facebook, and Loco, ensures socialmedia reach with serious potential, although maybe not for a while. I write to remind you of your duty to preserve such evidence.
Michael Christin, another trial attorney at the DoJ, went into great detail on the Jetflix case, discussing various challenges his team faced while litigating the case. ” Marissa Bostick, Head of Global Litigation at the Motion Picture Association (MPA) , also sees a combination of increased professionalism and brazenness.
“Influencer Marketing” and “SocialMedia Brand Endorsement” have become big business. Our law firm represents some of the business’s largest socialmedia marketing agencies and influencers. This means they also own and need to license the copyright to the brand. This happens all the time.
Both sides took to socialmedia, with Dash claiming that “You have to lose some battles to win a war… Stay tuned” hinting at a possible appeal. For a time, Malibu Media was one of the most prolific copyright litigants in the world. A jury has now ruled in that case and sided with Muddy Water Pictures.
InvesTrex LLC, the patent holder for an "investor social networking website," continued its litigation spree in Delaware federal court with a lawsuit against Yahoo Inc.,
The screenshots are also excused: “Single still-frame screenshots from videos posted on socialmedia platforms, which make up a very small fraction of the original video, are generally considered to constitute de minimis use and fall below the substantial similarity threshold.” Lynk Media LLC v. IHeartMedia, Inc.,
One Piece ‘Pirates’ on X This week the manga mogul was back in court, requesting a DMCA subpoena from another American intermediary, Elon Musk’s socialmedia platform X. In this case, the account holders are suspected infringers at the center of potential copyright litigation. These cases are filed in the U.S.
The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the socialmedia services’ COVID misinformation policies. ICAN claimed that the socialmedia services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.
A couple of years ago, Florida and Texas passed “socialmedia censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring socialmedia. From a drafting standpoint, the laws were a mess. I will have a more complete analysis of the cases soon.
On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding content from socialmedia platforms. Townsquare Media, Inc. Townsquare Media, Inc. In Richardson v.
Two More Courts Tell Litigants That SocialMedia Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over SocialMedia Account Suspensions–Martillo v. Are SocialMedia Services “State Actors” or “Common Carriers”? One More Time: Facebook Isn’t a State Actor–Atkinson v.
Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “socialmedia” page. Breitbart , the court says that “reposting” on “socialmedia” is enough to find copyright infringement in a default judgment.
It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. this article ) and is now generating truckloads of cash for many lawyers.
In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold socialmedia services liable for allegedly facilitating terrorist attacks. After 8 years of litigation, the case ends on essentially a procedural technicality (an important one, but still…). Two of those cases, Gonzalez v.
Post after post after post, across numerous websites and socialmedia platforms, alleging that Mr. Willison was a sociopathic criminal. A business associate had mentioned that Mr. Willison might want to Google himself, as some odd search results were appearing. And there they were.
In response, Meta filed a motion for dismissal under FRCP rule 12(b)(6) and requested that the case be dismissed under California’s laws governing strategic litigation against public participation (“SLAPP”). To combat “fake news,” governments must carefully regulate socialmedia content.
Not only does fashion enjoy very limited copyright protection in the United States, but Stein is a Chinese company, making any litigation even more difficult. Examples of this can be found almost every time a dress or fashion accessory becomes popular, whether on socialmedia or at various events. Bottom Line.
The court disagrees: Even assuming the Association’s content was indeed demoted in search results and on socialmedia platforms, the technology companies may have taken those actions for any number of reasons unrelated to Representative Schiff. Case citation : Association of American Physicians and Surgeons v. January 25, 2022).
Since no mortal can compete with Big Tech’s big bucks and their control of socialmedia, and the media in general, the only lever remaining is delivering votes back home, or more importantly, delivering those votes to candidates who commit to supporting HR 5874.
Fitbit and others defeated a pair of appeals on Friday in patent litigation over ideas involving programming automatic socialmedia posts, with the Federal Circuit ruling to reject arguments that a California federal judge should have decided patent suits differently and should have recused herself anyway because of her husband's ties to Fitbit parent (..)
A lawsuit accusing University of Mississippi football coach Lane Kiffin of copyright infringement over a socialmedia post was thrown out by a Mississippi federal judge, who scolded the plaintiff for making Kiffin the latest stop on his "traveling litigation show.''
The victims sued socialmedia companies for allegedly radicalizing the shooter by exposing him to third-party content. You may recall the 2022 Buffalo mass-shooting , which was committed by a murderer responding to the “ Great Replacement Theory.”
Posting copyrighted images or photos on your website or socialmedia. Using a copyrighted song, or portion of a song, in a presentation, at an event, on your website, or on socialmedia. Modifying an image or photo and using it in a presentation, brochure, on your website, or on socialmedia.
A good example comes from a case I litigated years ago on behalf of Costco. The Bottom Line During the course of the litigation, Skiplagged stopped using American’s flight symbol logo on its website. Let me know in the comments below or @copyrightlately on socialmedia.
CNN argued that the Flynns’ socialmedia activity shows they in fact are QAnon adherents. Still, given the possible dog whistles, I’m sure CNN’s lawyers will explore these socialmedia statements in their depositions. The last sentence is surely true but shouldn’t dispose of the matter.
Defendants also managed the socialmedia presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ SocialMedia Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.
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