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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

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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Thoughts on Availability Retainers and Subscription Legal Services After ABA Formal Opinion 505

Legal Tech Monitor

Yesterday I did a blog post about that and noted it tracked the opinion of the Oklahoma Supreme Court released in Oklahoma Bar Association v Weigel , 2014 OK 4 (2014). Prepaid legal fees and refundability of those fees was the subject of American Bar Association Formal Opinion 505.

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Why the Avianca ‘Bogus Cases’ News Is Not About Either Generative AI or Lawyers’ Tech Competence

LawSites

In the cases since that have interpreted and applied the duty, lawyers’ claims of ignorance of technology have never helped them avoid sanctions. My poster child for this proposition has long been the 2014 Delaware case of James v. ” Did that excuse garner sympathy from the court? This was out of my bailiwick.”

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Ill-Advised Attempt to Blow Up the DMCA Online Safe Harbors Unsurprisingly Fails–Athos v. YouTube

Eric Goldman

These uploads have irritated Athos since 2014. The court outlines the plaintiff’s legal theory: because YouTube has automated software that scans videos to help users identify potentially infringing clips, Plaintiff’s DMCA notices imputed on YouTube knowledge of each and every single clip that infringed on a noticed film.

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Costs Over Damages Doesn’t Equal Exceptional

Liquid Litigation Management, Inc.

What makes a case exceptional? before the US Court of Appeals for the Central District of California, it was a recently decided that a case is not per se exceptional under 35 U.S.C. § The district court granted Uniclass’motion for summary judgment on ATEN’s lost profits theory. In the matter of ATEN International Co.,

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Why the Avianca ‘Bogus Cases’ News Is Not About Either Generative AI or Lawyers’ Tech Competence

Legal Tech Monitor

In the cases since that have interpreted and applied the duty, lawyers’ claims of ignorance of technology have never helped them avoid sanctions. My poster child for this proposition has long been the 2014 Delaware case of James v. Did that excuse garner sympathy from the court? This was out of my bailiwick.”

Lawyer 52
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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

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