Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion
Trump vs. Twitter: The Feud Over Section 230 and Online Censorship
Subro Sense Podcast - Unpacking Product Claims Against Amazon
Waldman: Stop Immunizing Websites That Allow Harassment
In the ever-evolving landscape of artificial intelligence (AI), the integration of AI into search engines has marked a significant shift. Recent announcements from major tech events such as Apple’s WWDC 2024 and Google I/O...more
In Rose Bui v. Ngo Ky (No. G062338, filed May 8, 2024 and certified for partial publication), the California Court of Appeal, Fourth District reversed a trial court’s grant of a special motion to strike Plaintiff’s complaint...more
In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more
In a world where information travels at the speed of a click, protecting your reputation is more important than ever. When false and defamatory content is published online, it can rapidly spread to thousands of people in a...more
The rise of artificial intelligence (“AI”) poses novel questions about whether internet technology companies will face liability for misinformation on their platforms. Internet companies have long been shielded from liability...more
Notwithstanding the robust protection it provides in many other contexts, Section 230 may not protect online platforms developing generative AI systems from legal liability arising from false information produced by their...more
The U.S. Supreme Court has agreed to hear a case questioning whether “safe harbors” granted to the operators of online platforms apply to the algorithmic process that allowed recruiting messages from terrorist group ISIS to...more
What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit...more
Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more
The US Court of Appeals for the First Circuit affirmed a district court’s decision to dismiss claims for defamation under the Communications Decency Act (CDA), 47 USC § 230, and for copyright infringement under the fair use...more
If you own a small business, someone has likely posted an online review of your company and its goods or services. From Yelp to TripAdvisor to Angie’s List to any number of websites tailored to particular industries or...more
Every business struggles with negative online reviews. Unless the negative post directly violates hosts’ terms-of-use, it is highly unlikely that the host site (e.g. Yelp, Glassdoor, Instagram, etc.) will remove the post....more
A federal court has ruled that 47 U.S.C. “Section 230” of the Communications Decency Act shields Twitter from claims it aided and abetted defamation. Brikman v. Twitter, Inc., 2020 WL 5594637 (E.D.N.Y., September 17, 2020)...more
As part of Spilman's Decoded: Technology Law Insights e-newsletter, Spilman members Joseph Schaeffer and Nick Mooney discuss Section 230 of the Communications Decency Act and how it plays into President Trump's recent...more
In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more
As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more
Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to...more
A recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy Reid, the popular host of MSNBC’s AM Joy who...more
Whether posted by customers, employees, or others, negative online reviews can be damaging to your business. In this episode, Elisa D’Amico and Desiree Moore offer four tips to manage and minimize the repercussions from...more
It goes without saying that online reviews are important to companies. For consumers under 55, nearly 60% report that they “always” use online reviews to inform purchasing decisions, and another 34% report that they...more
Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more
Earlier this month, we discussed the ways in which companies should navigate negative critiques and reputation management in the Age of Social Media. One option includes the pursuit of litigation, often demonstrated through...more
In what is one of the most recent attempts to circumvent the immunity provided in Section 230 of the Communications Decency Act (“CDA” or “CDA Section 230”), the United States District Court for the District of Massachusetts...more
A California attorney and her law firm filed a petition on October 18, 2018, asking the Supreme Court of the United States (“SCOTUS”) to review the California Supreme Court’s ruling that reversed an injunction that would have...more