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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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Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Eric Goldman

The court says these allegations are sufficient for direct copyright infringement: Mr. Greer alleged he discovered the book “had been illegally put onto Kiwi Farms” in January 2018. For unexplained reasons, it does not appear that the defendants are invoking the 512 defense. CloudFlare’s block ). Direct Infringement.

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Plaintiffs Tried to Plead Around Section 230. It Didn’t Work–Ziencik v. Snap

Eric Goldman

To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. The plaintiffs tried again, with the same result.

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Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)

Eric Goldman

Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Not even any blog schwag.]

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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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European Data Protection Roundup: 2020 in Five Trends

Debevoise Data Blog

In this post, we look back at the 2020 European data protection landscape and five trends that help companies understand not only where we are, but where data protection enforcement, litigation, and practice may be headed. million against Marriott for its 2018 data breach When you dig deeper though, two key points emerge. million, €43.7

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A Guide to 5 Key Data Compliance Regulations for Legal Teams

MatterSuite

Failure can result in significant penalties, including fines, legal action, and loss of public trust. Failure to adhere to the security framework regarding data protection can lead to high fines and even court cases. In today’s world, industries rely heavily on data to inform decisions and drive innovation.