Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act (“CDA”) case and granting a petition for rehearing, the Second Circuit issued a new opinion reaffirming “protection” under Section 230 of the CDA for video-sharing site Vimeo, Inc. (“Vimeo”) (Domen v. Vimeo, Inc., No. 20-616 … Continue Reading
UPDATE: On October 13, 2020, the Supreme Court denied Malwarebytes’ petition for a writ of certiorari asking the Court to review the Ninth Circuit’s decision which had derived an implied exception to CDA Section 230(c)(2)(B) “Good Samaritan” immunity for blocking or filtering decisions when they are alleged to be “driven by anticompetitive animus.” The … Continue Reading
UPDATE: On December 31, 2019, the Ninth Circuit released an amended opinion in Enigma Software Group USA, LLC v. Malwarebytes, Inc., No. 17-17351 (9th Cir. Dec. 31, 2019). The case also involves competing providers of filtering software and issues concerning the scope of CDA §230(c)(2). In reversing the lower court’s dismissal of claims under the CDA, … Continue Reading
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