Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook
Technology & Marketing Law Blog
SEPTEMBER 23, 2021
Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. In 2007, the Ninth Circuit in Perfect 10 v. This opinion reinforces–indeed, encourages–those efforts.
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