Rebecca Day

By obtaining, collecting and storing plaintiff Thomas Neeley’s personally identifiable information (PII), software company Zeroed-In assumed “equitable and legal duties” to safeguard it and use the information only for business purposes, “and to only make authorized disclosures,” said a class action Tuesday (docket 2:23-cv-01219) in U.S. District Court for Middle Florida in Fort Myers.

A district court’s “merger of uses and failure to analyze each use individually harms libraries” and could impact libraries’ “longstanding, customarily permitted activities,” said an amicus brief Friday (docket 23-1260) from former and current law library directors, professors and academics in support of Internet Archive's appeal to the 2nd Circuit U.S. Court of Appeals.

X's fraud case is not about defendants’ speech but their “audacious breaches" of legal obligations, said X's opposition Friday (docket 3:23-cv-03836) in U.S. District Court for Northern California in San Francisco to the November motion of the Center for Countering Digital Hate (CCDH) and its U.K. counterpart to dismiss X's July 31 complaint (see 2311200040).

A lower court’s ruling against the Internet Archive that books loaned via controlled digital lending (CDL) would replace the market for commercially licensed ebooks “was flawed,” said an amici brief Friday (docket 23-cv-1260) filed by nine library organizations and 218 librarians in support of defendant IA in its 2nd Circuit U.S. Court appeal.

Four more negligence class actions were filed late last week -- three in U.S. District Court for Eastern Pennsylvania in Comcast’s Philadelphia home jurisdiction, and another in a Florida district court -- involving the October data breach at Citrix Systems that allegedly affected as many as 36 million individuals. Last week, two cases were filed in Philadelphia federal court after Comcast began notifying customers Dec. 18 about the breach (see 2312210023).

ESO Solutions, a supplier of data management software to hospitals and first responders, waited three months to notify affected individuals about a data breach it learned of Sept. 28, alleged a class action Thursday (docket 1:23-cv-01557) in U.S. District Court for Western Texas in Austin.

Controlled digital lending “maintains copyright’s balance of interests and does not reduce financial incentives for authors,” wrote the Authors Alliance in a 2nd U.S. Circuit Appeals Court amicus brief Thursday (docket 23-1260) in support of the Internet Archive in its copyright case.

Sixteen consumer advocacy organizations urged the DOJ to file an antitrust lawsuit against Apple “with haste” in support of the agency’s “antitrust enforcement against Big Tech companies,” said their letter Thursday to Attorney General Merrick Garland, Deputy Attorney General Lisa Monaco, Associate Attorney General Vanita Gupta and Assistant Attorney General Jonathan Kanter.

The March ruling by the U.S. District Court for Southern New York against digital lending library Internet Archive “could profoundly affect longstanding protections for reader privacy and thus affect a core purpose of copyright: public access to information,” said an amici brief (docket 23-1260) Wednesday in the 2nd U.S. Circuit Appeals Court from the Center for Democracy & Technology, Library Freedom Project and Public Knowledge in support of the nonprofit Internet Archive.

A second negligence complaint in as many days was filed against Comcast and its Xfinity brand in U.S. District Court for Eastern Pennsylvania in Philadelphia involving a data breach it became aware of Oct. 10. Plaintiff Steven Prescott filed an eight-count class action Tuesday alleging that Xfinity's claims of strong and robust security were “false and misleading” (see 2312200005).