Eric Goldman

JANUARY 18, 2024

On July 4, 2023, a federal judge declared FREEDOM from government censorship of Internet services. Shockingly, the judge ordered the executive branch to stop talking to Internet services about certain issues. The line between the productive and condemnable government engagement is murky and fluid. 3) Supreme Court dodges Section 230.

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Law Law Court Intellectual Property 111

Legal Tech Monitor

AUGUST 22, 2023

This conversation impacts not only the perceived legitimacy of the Supreme Court but also public perception of the judiciary more broadly. Since its inception in 2006, IAALS has been at the forefront of efforts to bolster confidence in the judiciary and to understand what impacts public trust in courts. Judge Jeremy Fogel (Ret.),

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Percipient

APRIL 22, 2023

The judge, in that case, applied discovery proportionality factors to figure out whether a subpoena served on Boeing went too far (he concluded it did not). Another case, SPS Techs., 19 C 3365 (N.D. 7, 2019) , noted Cardinal and agreed that third-party subpoenas must not burden responding parties. Other courts apply similar tests.

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e-discovery Court e-records Litigator 97

Legal Tech Monitor

SEPTEMBER 14, 2023

Before joining the ABA in 2010, Rives was a judge advocate in the U.S. He was the acting Judge Advocate General of the Air Force from 2004 to 2006 and then Judge Advocate General until 2010. Air Force for 33 years. He was the first military attorney to attain the three-star rank of lieutenant general.

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Lawyer Judge Attorney Law 52

Eric Goldman

AUGUST 1, 2023

Judge Whyte’s ruling has been adopted in all circuits that have considered the issue. 882 (2006). 1995), a user posted allegedly infringing materials to an electronic bulletin-board service that automatically copied and forwarded all of the posts to other users. It is also bad for the copyright ecosystem.

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Defendant Court Litigator Litigation 98

Dennis Kennedy

SEPTEMBER 10, 2023

Here are some ideas: Groups Based on Personas Drawn from Real People • Getting reactions on an arbitration with a panel of three arbitrators where you have sufficient biographical information to create reasonably helpful personas • Similarly, getting quick reactions to legal arguments on an appeal to a multi-judge panel.

Legal technology 71

Legal technology Legal technology Law Law 71

Legal Tech Monitor

SEPTEMBER 10, 2023

Here are some ideas: Groups Based on Personas Drawn from Real People • Getting reactions on an arbitration with a panel of three arbitrators where you have sufficient biographical information to create reasonably helpful personas • Similarly, getting quick reactions to legal arguments on an appeal to a multi-judge panel.

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Legal technology Legal technology Law Law 52

Eric Goldman

JUNE 20, 2023

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. reasonably can be perceived” in a work if it can’t rely on the meaning that a critic or a judge can perceive in the work? 388, 392-93 (2006). 569 (1994).

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Court Failure-to-appear e-discovery e-records 98

Eric Goldman

SEPTEMBER 27, 2024

Perhaps Facebook should have done a better job articulating this, but the judge was far too eager to disrespect the editorial function. The court’s statement implicates Internet Law Exceptionalism 101, and this judge–who was so thorough in other discussions–oddly chose to ignore this critical question.

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Court Lawsuit Judge Defendant 105

Eric Goldman

APRIL 3, 2025

Note: This blog didn’t have any comment function from 2006 to 2013. For example, my blog might have a degraded fair use position due to its purported commerciality (it shouldn’t, but the judge decides). Rather than navigate that gauntlet, I’ll turn off comments entirely. Within 10 years, that outcome seems inevitable.

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Lawsuit Court Law Law 52

Eric Goldman

JANUARY 14, 2025

The 281 videos at issue, uploaded in 2006-13, had background music that allegedly infringing the plaintiffs’ copyrights. On appeal, the Second Circuit agrees, in an opinion written by Judge Leval. The district court’s rulings became final in 2021.

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Defendant Court Lawsuit Judge 92

Eric Goldman

JANUARY 9, 2025

In other words, the court took what used to be an easy prong–all claims were publisher/speaker claims unless they were the statutory exclusions–and issued a blank check to judges to do whatever the hell they want with Section 230 cases. It’s been nice to see some judges finally pushing back on the scheme. In Bride v.

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