Eric Goldman

AUGUST 1, 2023

The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. Supreme Court. As a result, a rich body of case law has developed distinguishing direct liability from secondary liability. 3d at 593. [To

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Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof.

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Eric Goldman

APRIL 17, 2024

The court holds that Coomer’s defamation allegations survive an anti-SLAPP motion to dismiss. The court says Section 230 protects these tweets. Despite these additions, the court treats the tweet as a verbatim quote of the third-party article. Bad : The court didn’t cite any of these cases supporting its conclusion.

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