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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.

Court 105
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More Chaos in the Law of Online Contract Formation

Eric Goldman

In re: StubHub Refund Litigation , No. Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. 22-15879 (9th Cir. Citing Sellers v.