“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 (Rafi) Janove in Law360.
Rafi discusses the recent motion to dismiss in the Simulated Casino-Style Games multidistrict litigation, which held that Section 230 immunity does not shield Apple, Google, and Facebook from liability for acting as “bookies” in promoting, distributing, and profiting 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.
Rafi further examines the history of Section 230 and explains why the Ninth Circuit should not take this appeal, and instead let the case proceed to discovery.
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