"Tech giants have long hidden behind the immunity granted by Section 230 of the Communications Decency Act. But a recent decision and potential appeal to the U.S. Court of Appeals for the Ninth Circuit might change that," writes Pollock Cohen's Raphael Janove in Law360.
Rafi discusses the recent decision on a motion to dismiss in the Simulated Casino-Style Games mdl, which held that Section 230 immunity does not shield Apple, Google, and Facebook from liability for acting as "bookies" in promoting, distributing, and making enormous profit from unlawful and addictive mobile gambling apps. These tech companies make billions as part of their commission from apps that sell virtual chips, which are not exchangeable for real money.
In this article, Rafi analyzes the decision and the history of Section 230. He explains why the Ninth Circuit should not take this appeal but instead let the case proceed to discovery.
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