Eric Goldman

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Chen * Another 512(f) Claim Fails–Moonbug v.

Time-tracking 106

Time-tracking Court Defendant Case predictions 106

Eric Goldman

APRIL 29, 2023

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

Court 106

Court Failure-to-appear Lawsuit State law 106

Eric Goldman

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. ” Cite to ISE v.

Court 112

Court State law Litigator Litigation 112

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. By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Shande will get his day in court.

State law 75

State law Court Litigation Litigator 75

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. 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. Both parties appealed to the Ninth Circuit.

Lawsuit 125

Lawsuit Court Defendant Hearing 125

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.

Lawsuit 112

Lawsuit Defendant Court e-filing 112

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.

Failure-to-appear 118

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.

Defendant 98

Defendant Lawsuit Court Hearing 98

Eric Goldman

NOVEMBER 30, 2023

The court brushes aside of all of Source Capital’s claims. Although the counter-notice filed by Defendant stated that Defendant would accept service of process from Plaintiff, the counter-notice did not state that Defendant waived formal service requirements. Court still grants a TRO anyway…] * DP Creations LLC v.

Defendant 75

Defendant Court State law Lawsuit 75

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.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior. Taamneh case. Reddit, Inc. ,

Lawsuit 97

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.

Lawsuit 96

Lawsuit Defendant Court Judge 96

Eric Goldman

JUNE 9, 2024

The court responds: “Doe’s breeding ground theory essentially seeks to hold Meta liable for failing to remove traffickers’ grooming messages and posts advertising their victims for sex.” Finally: in passing, the court says “Her trafficker was convicted in a criminal trial and sentenced to 40 years in prison.”

Lawsuit 88

Lawsuit Criminal trial Court Failure-to-appear 88

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

Eric Goldman

FEBRUARY 18, 2025

The district court dismissed the case. The Ninth Circuit affirms every point of the district court’s decision. The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. .” Will a Ninth Circuit panel agree?

Lawsuit 65

Lawsuit Failure-to-appear Defendant Court 65

Eric Goldman

DECEMBER 29, 2023

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.” The court rejects Doe’s attempted Lemmon v. ICS Provider. Publisher/Speaker Claims.

Lawsuit 98

Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

APRIL 8, 2025

However, the case fell apart on further proceedings when the court reconsidered jurisdiction and joinder. It’s so typical that SAD Scheme cases can’t survive actual scrutiny, unlike the deferential reviews courts apply at the ex parte TRO stage. Sloppy or nefariousporque no los dos?

Defendant 52

Defendant Court Lawsuit State law 52

Eric Goldman

JANUARY 11, 2025

The court summarizes the facts: The two videos at issue comprise excerpts from Lakeway City Council meetings and a presentation Kilgore gave as mayor to Lakeway residents, sitting at a desk in front of United States and Texas flags. Both cases included a 512(f) claim, and both 512(f) claims survive the preliminary dismissal efforts.

Court 40

Court Judge Defendant Case predictions 40

Eric Goldman

SEPTEMBER 27, 2024

Having manufactured the requirement of that the claim must be based on “particular” content to trigger Section 230, the court says none of the claims do that. ” I’d love for the court to explain how blocking users from contacting each other on apps differs from “content moderation.”

Court 106

Court Lawsuit Judge Defendant 106

Eric Goldman

FEBRUARY 8, 2025

A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (Charles) and Romelus raped Plaintiff. The court denied summary judgment for both sides, likely sending this case to trial. The court again denies a Section 230 dismissal. ” Case Citation : Doe v.

Defendant 59

Defendant Lawsuit Judge Court 59

Eric Goldman

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v.

Court 106

Court Law Law Failure-to-appear 106

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. The court dismisses OnlyFans per Section 230.

Defendant 118

Defendant Lawsuit Failure-to-appear Court 118

Eric Goldman

DECEMBER 23, 2024

To the extent that courts have acknowledged this issue, they have presumed that everyone knew Backpage was providing illegal services to sex traffickers. So for purposes of a motion to dismiss, courts can simply assume the upstream violations. Add Section 230 into the mix and tertiary liability looks even weirder.

Defendant 59

Defendant Court Lawsuit Judge 59