d (1977) (stating that the mere incidental use of a person's name or likeness is not actionable under the right of publicity). 1990) (holding that the mention of Olympic athletes' names was incidental to the promotion of Dixie Cups, and thus not a violation of Ohio's common law right of appropriation, because the use was purely informational and there was no implication that the athletes used, supported, or promoted the product) Restatement (Second) of Torts ยง 652C cmt. Thus, it is clear that Amazon's use of book cover images is not an endorsement or promotion of any product or service, but is merely incidental to, and customary for, the business of internet book sales. Rather, we find that, as a matter of business practice, Amazon's use of book cover images closely simulates a customer's experience browsing book covers in a traditional book store.Almeida does not dispute that Amazon is an "interactive computer service," but she does argue that Amazon is not entitled to immunity because it is an "information content provider." Go to Section 230(f)(3) defines "information content provider" as "any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service." 47 U.S.C. Section 230(f)(2) defines "interactive computer service" as "any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions." 47 U.S.C.
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