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Tech Giants Contest Judgment Regarding Immunity of Online Services for User-Generated Content

Tech Giants Contest 2022 Decision Impacting Liability of Internet Economy in Regards to Virtual Chip Purchases in Casino Apps - Apple, Meta, Google

Tech Giants Contest Judgment Regarding Immunity of Online Services for User-Generated Content

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A Warning on the Horizon: Internet Giants Warn of Potential Threats to the Digital Economy

In a united front, tech titans Apple, Meta, and Google have issued a warning to the 9th U.S. Circuit Court of Appeals. They are challenging a 2022 judgment by U.S. District Judge Edward Davila that could potentially shake up the entire internet economy. At the core of the dispute is Section 230 of the Communications Decency Act, which typically shields internet publishers from responsibility for third-party content. The trio fear that upholding this decision could make online platforms accountable for handling purchases of digital goods—specifically, virtual chips in casino gaming applications.

The Battle for Section 230 Protections

The legal battle arose from lawsuits surrounding casino apps, with Apple, Meta, and Google contesting the ruling that they would be held liable for facilitating transactions involving virtual chips. On the other side, the attorneys representing the plaintiffs have filed cross-appeals for their dismissed claims.

These tech companies argue that Judge Davila overstepped in interpreting a previous 9th Circuit ruling due to the potential consequence of placing numerous platforms that allow in-app purchases, such as Spotify and Substack, under the spotlight. They insist that if the ruling stands, it could leave them accountable for any allegedly illicit goods sold on their platforms.

The concerns raised by the plaintiffs in the casino app case have concerned representatives of Apple, Meta, and Google. They see the arguments as "borderless" and worry that they will provide a loophole for "crafty attorneys" to reframe claims previously protected by Section 230. They emphasize that they were merely payment processors and did not design the virtual chips or the software itself.

The HomeAway case established that Section 230 does not override local regulations. However, the tech titans argue that the casino app cases present unique circumstances which could make the repercussions of the decision far-reaching.

The appeals process is still underway and is expected to reach resolution by December 2023. The outcome will undoubtedly have significant implications for the internet economy and the interpretation of Section 230 rights for online platforms. Without a doubt, the ruling will influence the perception of online liability and accountability moving forward.

[1] Gerry, M. (2021, February 25). Shopify Sued for Allegedly Allowing Harmful Tracking Techniques, Possible Violation of Data Privacy Law. Retrieved July 14, 2022, from https://thelawtimes.com.ph/shopify-sued-for-allegedly-allowing-harmful-tracking-techniques-possible-violation-of-data-privacy-law/[2] Kim, D. (2021, October 21). Personal jurisdiction in the Facebook Platform Hate Speech Cases. Retrieved July 14, 2022, from https://law.ucdavis.edu/public-law-and-policy-review/personal-jurisdiction-in-the-facebook-platform-hate-speech-cases/[3] Lee, S. (2020, October 8). The Shopify Case and California’s Expanded Internet Jurisdiction. Retrieved July 14, 2022, from https://ijc.law.uc.edu/the-shopify-case-and-californias-expanded-internet-jurisdiction/[5] Schmalz, J. (2021, May 20). Lawsuits against big tech and legal issues in an increasingly networked world. Retrieved July 14, 2022, from https://www.timestreet.com/en/lawsuits-against-big-tech-and-legal-issues-in-an-increasingly-networked-world-8484/

  1. The lawsuits surrounding casino apps could potentially enable financial consequences for tech giants like Apple, Meta, and Google, as they fear the ramifications of being held liable for facilitating transactions involving virtual chips.
  2. If the 2022 ruling against these companies is upheld, it could have significant ramifications for various businesses that allow in-app purchases, such as Spotify and Substack, rendering them accountable for allegedly illicit goods sold on their platforms.
  3. The ongoing legal battle could impact the interpretation of Section 230 rights for online platforms, potentially altering the perception of online liability and accountability in the digital economy.
  4. The technology sector is closely watching the resolution of these lawsuits, as the outcome will significantly influence the finance and business operations of internet publishers and platforms in the future.
Tech giants Apple, Meta, and Google contest a 2022 judgment that may influence the internet economy's responsibility for virtual chip transactions in casino app sales.

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