Eric Goldman

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

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Law Law Court Intellectual Property 111

Eric Goldman

AUGUST 24, 2023

Next, from the early 2000s until 2017, the primary legal theory that was used to deter web scraping was the Computer Fraud and Abuse Act or the CFAA. And then, in 2017, the famous hiQ Labs, Inc. Lawyers are increasingly confident that courts will enforce the breach of contract claim against scrapers and obtain the relief thy want.

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Intellectual Property Court Litigator Litigation 98

Percipient

APRIL 22, 2023

” In Federal Court Responding Party Presumed to Bear Subpoena Costs, but Requesting Party Must Avoid Imposition of Undue Burden and Expense A case from the Northern District of Illinois provides a good analysis of when costs responding to subpoenas may be shifted to the party seeking the documents. Cardinal Growth, L.P. ,

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e-discovery Court e-records Litigator 97

Berkley Technology Law Journal

JANUARY 11, 2023

In 2017, Google ran into these very issues. The court, however, focused on HIPAA’s explicit exemption for research purposes, which allows sharing of information to the extent that the identifiers are removed. Accordingly, the court held in favor of Google.

Compliance 100

Compliance Lawsuit Court Litigator 100

Berkley Technology Law Journal

JANUARY 11, 2023

In 2017, Google ran into these very issues. The court, however, focused on HIPAA’s explicit exemption for research purposes, which allows sharing of information to the extent that the identifiers are removed. Accordingly, the court held in favor of Google. However, besides Dinerstein, this space has not seen many other lawsuits.

Compliance 100

Compliance Lawsuit Court Litigator 100

Berkley Technology Law Journal

JULY 13, 2024

2024* On March 21, 2024, the US Department of Justice (DOJ) filed a landmark antitrust lawsuit against Apple, which could have significant ramifications on the smartphone ecosystem. By Aaron Kamath, LL.M. These apps usually host or connect other apps and services without developers having to use the iPhone’s APIs or code.

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Lawsuit Litigator Litigation Court 130

LawSites

DECEMBER 29, 2021

In 2017, I bypassed the list to focus on a single overarching development, The Year of Women in Legal Tech.). Do courts fully reopen or not? Also last year, the Minnesota Supreme Court approved a pilot project to permit “legal paraprofessionals” to provide legal services in certain matters. The victim of this limbo is progress.

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Legal tech Legal tech Practice management e-filing 145

Legal Tech Blog

JANUARY 11, 2023

Pre/Dicta , claiming itself the only litigation analytics platform that makes predictions about the outcome of federal lawsuits, announced the acquisition of Gavelytics, a pioneering judicial analytics platform for state court cases. take place.

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Analytics Litigator Litigation Lawsuit 52

Brett Trout

JANUARY 7, 2022

According to documents Snap has filed with the United States Patent and Trademark Office (USPTO), Snap has been using the name “Spectacles” in association with electronic publishing services since August 14, 2017, obtaining a federal registered trademark for that use on January 21, 2020 (Reg. 5,964,422).

Lawsuit 52

Lawsuit Litigator Litigation Hearing 52

Debevoise Data Blog

JULY 7, 2021

Supreme Court TransUnion decision. Individuals whose personal information was compromised in a data breach have had mixed success in bringing lawsuits in federal court against the companies that held their data. Recent Circuit Court Decisions: Tsao, McMorris, and In re Equifax The U.S.

Court 40

Court Lawsuit Litigator Litigation 40

LawSites

JANUARY 17, 2022

We help lawyers make evidence-based decisions about the venues they choose and the arguments they make by focusing on the jurisprudence of the judges and courts they interact with. Traction: Active in all 50 states, we have a network of over 12,000 attorneys, 12,000+ expert witnesses, 300+ court reporters, and 150+ interpreters.

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e-discovery Time-tracking Mediator Attorney 25

Eric Goldman

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. Supreme Court.

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Defendant Court Litigator Litigation 98

Legal Tech Monitor

FEBRUARY 29, 2024

So often when attorneys are writing court documents or preparing for oral arguments and they want to know what their judge thinks about different issues in their case, they have very little information to go off of. federal courts. The company’s roadmap calls for it to eventually expand into state courts as well.

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Judge Legal tech Legal tech Lawsuit 52

Legal Tech Monitor

APRIL 4, 2023

The Supreme Court ruled on February 25, 2015, that state regulatory boards, composed mainly of active market participants, are not immune from antitrust liability unless actively supervised by the state government. Soon after, in June 2015, LegalZoom cited the Supreme Court decision on teeth whitening in a $10.5

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Paralegal Court Lawyer Family court 59

LawSites

DECEMBER 29, 2021

In 2017, I bypassed the list to focus on a single overarching development, The Year of Women in Legal Tech.). Do courts fully reopen or not? Also last year, the Minnesota Supreme Court approved a pilot project to permit “legal paraprofessionals” to provide legal services in certain matters. The victim of this limbo is progress.

Legal tech 52

Legal tech Legal tech Practice management e-filing 52

LawSites

JANUARY 17, 2022

We help lawyers make evidence-based decisions about the venues they choose and the arguments they make by focusing on the jurisprudence of the judges and courts they interact with. Traction: Active in all 50 states, we have a network of over 12,000 attorneys, 12,000+ expert witnesses, 300+ court reporters, and 150+ interpreters.

e-discovery 52

e-discovery Time-tracking Mediator Attorney 52

Eric Goldman

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. CV H-17-1068, 2017 WL 2957912, at *8 (S.D. ” Say what? ” Uh oh.

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Lawsuit Defendant Court Litigator 129

Eric Goldman

DECEMBER 16, 2024

The appellate court refers to Doe’s behavior as “ capping.” The court dismissed the case on Section 230 grounds. Knowing CSAM Possession The district court dismissed the CSAM civil claim on Section 230 grounds. The 11th Circuit affirms, but relies only partially on Section 230 grounds.

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Lawsuit Defendant Court Hearing 52

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. 569 (1994).

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

Eric Goldman

JUNE 9, 2024

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal).

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Lawsuit Criminal trial Court Failure-to-appear 88

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: A: because they spend so much time in court proceedings). In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. Q: why are the apes so bored? Alper Automotive v.

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

DECEMBER 15, 2023

In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. A few weeks later, the Supreme Court denied certiorari in the Reddit case). Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Case Citation : Doe v.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 5, 2023

” My post tried to translate this statement: Underneath this anodyne conclusion, the court is impliedly making two key points: (1) users’ activities do not contribute to evaluating the defendant’s 1591 exposure, and (2) the applicable scienter to get around 230 is 1591’s “actual knowledge” requirement.

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Lawsuit Defendant Court e-filing 111

Eric Goldman

JUNE 7, 2023

The court treats this as a surprisingly easy Section 230 case and dismisses the case. Twitter , the court disagrees: Unlike in Lemmon and Roommates.com , the harm Plaintiffs allege here doesn’t flow from a design defect. ” The plaintiffs also sued Google and Apple for carrying Snap in their app stores. Next stop: the 9th Circuit.

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Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

JULY 26, 2024

On remand, the court dismisses the remaining defendants primarily due to Section 230, with leave to amend. The court summarizes the facts: Plaintiff alleges she was trafficked as a minor and her traffickers filmed her while she was engaged in sex acts. . The court says Section 230 preempts it in this case. The Lemmon v.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

JULY 23, 2023

Analogous to how narrowing interpretations rendered the SAVE Act irrelevant (FOSTA’s precursor), the court’s interpretations decrease the odds that the government will bring FOSTA-based prosecutions. ” Later, the court recapitulates: “FOSTA does not criminalize promoting prostitution broadly. .”

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Lawsuit Court Defendant Hearing 97

Eric Goldman

MAY 2, 2024

Readers with good memories will recall that I have blogged several other cases against Salesforce with similar allegations, with mixed results in court. Salesforce decision closely, the court concludes that Salesforce doesn’t qualify for Section 230 immunity in the FOSTA case. Salesforce invoked the Fifth Circuit’s Doe v.

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Lawsuit Defendant Court Judge 96

Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 18] Because Japan was the appropriate forum, the court did not have authority and had to dismiss the case.

Lawsuit 52

Lawsuit Judge Court Failure-to-appear 52

Eric Goldman

AUGUST 16, 2023

The court accepts that the employer believed the works were created within the scope of employment, so the associated takedown notice wasn’t sent in bad faith. So does the rest of the employee’s lawsuit. Shande will get his day in court. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

State law 75

State law Court Litigator Litigation 75

Eric Goldman

NOVEMBER 30, 2023

The court brushes aside of all of Source Capital’s claims. It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands of bogus copyright claims against their competitors. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

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Defendant Court State law Lawsuit 75

3 Geeks and a Law Blog

MARCH 20, 2023

I got really really serious about Instagram probably 2017-2018. But what I did have happen is when I was working as an insurance defense lawyer, I had another female lawyer tell me to be very careful what I wore to court, which I still think a lot of that is true. So Erin Camp 24:08 It took a huge lawsuit. Yeah, it took forever.

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Law Law Intellectual Property Time-tracking 162

Berkley Technology Law Journal

DECEMBER 24, 2022

And this is one that the US Supreme Court has recognized is not really a bright line, in the case called Carpenter vs. United States from 2018. This is a case where the Supreme Court held that the government needed to get a warrant in order to obtain the cell phone locations of a person over a period of time.

Attorney 100

Attorney Law Law Time-tracking 100

Legal Tech Monitor

MARCH 20, 2023

I got really really serious about Instagram probably 2017-2018. But what I did have happen is when I was working as an insurance defense lawyer, I had another female lawyer tell me to be very careful what I wore to court, which I still think a lot of that is true. So Erin Camp 24:08 It took a huge lawsuit. Yeah, it took forever.

Law 52

Law Law Intellectual Property Time-tracking 52

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. The district court dismissed the case. The Ninth Circuit affirms every point of the district court’s decision. The court says that Grindr’s claim is not a specific promise, is too general to be enforced (I guess it’s like puffery?)

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. The court holds that Section 230 applies to the claims. ” The court responds that “Grindr’s match function relies on and publishes a user’s profile and geolocation data, which is third-party content generated by the user.”

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Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. My post on a pre-pandemic district court ruling in this case. NOCIs to Grande between 2011 and 2017. The appeals court disagrees. As usual, a key non-litigant is Rightscorp, which sent 1.3M

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Court Failure-to-appear Defendant Lawsuit 98

Eric Goldman

MARCH 13, 2025

Six4Three sued Facebook in 2015 (yes, this lawsuit has been ongoing for a decade) and somehow worked its way up to a Fifth Amended Complaint. In its most recent ruling, the trial court granted Facebook’s anti-SLAPP motion and awarded Facebook nearly $700k in attorneys’ fees. The appellate court affirms. ICS Provider.

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