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More Chaos in the Law of Online Contract Formation

Eric Goldman

Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. Citing Sellers v.

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2023 Quick Links: Section 230

Eric Goldman

Where the motion to dismiss concerns questions of law, additional discovery is not required. Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Eric Goldman

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. On appeal, the Second Circuit vacates the account transfers to JLM.

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Searing Lessons From a State Bar Complaint: A Lawyer’s Story

Attorney at Work

My first knowledge that a complaint had been filed came by certified letter in 2012 — six years later — from the Iowa Supreme Court Client Security Board, which is charged with policing the professional interactions of Iowa’s 7,500 attorneys. Unfortunately, that’s something I know from personal experience. The State Bar Complaint Arrives.

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Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

Eric Goldman

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. If 512(a) provided full immunity, the Copyright Alert System was unnecessary and pernicious to both IAPs and their subscribers.

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