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Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Eric Goldman

I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. See this ruling for another example of the same parlor trick).

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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. Raw Story Media, Inc. OpenAI Inc. ,

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Marking the Retirement of Jerry Larkin, Who Led the ARDC With Exceptional Foresight, Integrity, and ‘Irish Wit’

Legal Tech Monitor

2d 531 (1988) – finding that a lawyer’s failure to report another lawyer’s conversion of settlement proceeds violated the duty to report specified attorney misconduct; In re Richard A. He was a gentleman when he appeared before the court,” Grogan said. “He Working with him has been for me a true joy,” ARDC Chair Timothy Bertschy said.

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Cruiseing for Waymo Lawsuits: Liability in Autonomous Vehicle Crashes

Richmond Journal of Law and Technology

“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] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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

Eric Goldman

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Internet Access Providers Face Contributory Copyright Liability for Subscribers’ Infringements–UMG v. Grande

Eric Goldman

As usual, a key non-litigant is Rightscorp, which sent 1.3M NOCIs to Grande between 2011 and 2017. On appeal, the Fifth Circuit upholds Grande’s liability but reverses the damages computation in a way that will save Grande a few dollars. Unsurprisingly, this argument fails.

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