Socially Aware

June 04, 2024 - Contracts, Copyright, Fair Use, Social Media Policy, Terms of Use, User-Generated Content, Web Scraping
California Federal Court Holds X’s Claims Against Scraper Preempted by Federal Law
By: Lawrence W. Gallick and Aaron P. Rubin
On May 9, 2024, in X Corp. v. Bright Data Ltd. , the U.S. District Court for the Northern District of California dismissed X’s claims alleging that Bright Data’s access to X’s systems, and scraping and selling of publicly available data from X’s platform,
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August 17, 2021 - Social Media Policy, User-Generated Content
Clubhouse faces steep challenges in spite of new features and expanded access
Clubhouse , the former invitation-only social media darling that captured the attention of investors, social media early adopters, and competitors since its introduction in April 2020, now faces significant challenges as it strives to remain relevant and attract new and engaged users. Since our
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August 24, 2020 - User-Generated Content, Defamation, Section 230 Safe Harbor, Litigation
EDNY Refuses to Dismiss on § 230 Grounds in “Shitty Media Men” Defamation Case
By: Aaron P. Rubin
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 possibility that Defendant created or developed
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March 26, 2020 - DMCA, Privacy, User-Generated Content, Copyright, Section 230 Safe Harbor
Social Links: Biden’s stance on CDA §230; liability for user-generated content; Twitter’s process for reviewing Trump’s tweets
By: Anthony M. Ramirez
A federal district court in Illinois allowed claims for vicarious and direct copyright infringement to proceed against an employee of the Chicago Cubs Baseball Club for retweeting a third-party tweet containing the plaintiff’s copyrighted material. Read the opinion. Thinking of backing Biden in November? Would
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December 20, 2019 - Terms of Use, Web Scraping, Ephemeral Messaging, User-Generated Content, Copyright, COPPA
2019: Our Greatest Hits
Here at Socially Aware we covered a wide range of issues in 2019. We reviewed an opinion reminding us that user-generated content posted on social media platforms is not necessarily freely available for use in other contexts , and a rare instance of a
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September 04, 2019 - User-Generated Content, Section 230 Safe Harbor, Litigation
CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms
By: J. Alexander Lawrence
A recent Second Circuit decision makes clear that the safe harbor that social media and other Internet companies enjoy under Section 230 of the Communications Decency Act broadly applies to a wide variety of claims. When you think about the Section 230 safe harbor,
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June 27, 2019 - Cyberbullying, User-Generated Content, Section 230 Safe Harbor
California Court Finds Section 230 Protects Decision to Suspend and Ban Twitter Account
By: Aaron P. Rubin
A California Superior Court’s recent ruling in Murphy v. Twitter held that Section 230 of the Communications Decency Act shielded Twitter from liability for suspending and banning a user’s account for violating the platform’s policies. As we have previously noted, Section 230 has come
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April 30, 2019 - Digital Content, User-Generated Content, Section 230 Safe Harbor, Litigation
Appeals Court Again Upholds Section 230 Protections in Case Against Grindr
By: Aaron P. Rubin
Often hailed as the law that gave us the modern Internet , Section 230 of the Communication Decency Act generally protects online platforms from liability for content posted by third parties. Many commentators, including us here at Socially Aware , have noted that Section
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March 05, 2019 - European Union, User-Generated Content, Copyright
Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?
By: Kristina Ehle and Stephan Kreß
In 2019, the European Court of Justice (CJEU) is expected to clarify one of the key open issues in EU copyright law: the extent to which online platforms such as YouTube can be liable for copyright infringement caused by user-generated content—content uploaded on to
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January 23, 2018 - Advertising, Endorsement Guides, Electronic Contracts, Influencer Marketing, Marketing, Privacy, Social Media Policy, Event, User-Generated Content, Compliance, Online Endorsements
Social Media 2018: Addressing Corporate Risks
As Socially Aware readers know, social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s legal risks at Practising Law Institute’s (PLI) 2018 Social Media conference, to be held in San
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Topic Archives: User-Generated Content

California Federal Court Holds X’s Claims Against Scraper Preempted by Federal Law

By: Lawrence W. Gallick and Aaron P. Rubin

Clubhouse faces steep challenges in spite of new features and expanded access

EDNY Refuses to Dismiss on § 230 Grounds in “Shitty Media Men” Defamation Case

By: Aaron P. Rubin

Social Links: Biden’s stance on CDA §230; liability for user-generated content; Twitter’s process for reviewing Trump’s tweets

By: Anthony M. Ramirez

2019: Our Greatest Hits

CDA Section 230 Immunizes Platform From Liability for Friend and Content Suggestion Algorithms

By: J. Alexander Lawrence

California Court Finds Section 230 Protects Decision to Suspend and Ban Twitter Account

By: Aaron P. Rubin

Appeals Court Again Upholds Section 230 Protections in Case Against Grindr

By: Aaron P. Rubin

Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?

By: Kristina Ehle and Stephan Kreß

Social Media 2018: Addressing Corporate Risks