Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

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Court Litigator Litigation Case law 98

Inside Privacy

FEBRUARY 1, 2024

This regulation is directly applicable in all EU Member States since May 28, 2019. Note that the data localization prohibition in this Regulation applies to individual EU Member States’ laws; it does not preclude the EU from implementing data localization requirements.

Intellectual Property 72

Intellectual Property State law Court Compliance 72

Attorney at Work

OCTOBER 20, 2021

The Florida Supreme Court approved the state’s ethics opinion on remote working in May 2021. The Florida Bar Standing Committee on the Unlicensed Practice of Law’s AFO #2019-4 was issued as a proposed advisory opinion in August 2020. However, more recently, regulators have started to address this issue head-on.

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Lawyer Law firm Attorney Law 102

Martindale-Avvo

MAY 7, 2024

Here are some examples of harmful deep fake usage: In 2019, an energy firm in the U.K. In June 2019, a deep fake video of Mark Zuckerberg was posted to Instagram in which the “fake” CEO claimed how “great” it was to have billions of people’s data. State Law Several states have passed laws to limit the harmful effects of deep fakes.

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Federal law State law Court Software 59

Berkley Technology Law Journal

JULY 9, 2022

Her recent scholarly work includes “The New Private Law and Intellectual Property,” forthcoming in the Oxford Handbook of the New Private Law (2020); and “Intellectual Property as Property,” in the Research Handbook on the Economics of Intellectual Property Law (2019).

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Intellectual Property Law Law Court 130

Debevoise Data Blog

OCTOBER 18, 2021

Compensatory damages or damages between $200 and $1,000 are authorized for each unlawful sale, as are reasonable attorneys’ fees and court costs. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. 2019 IL 123186, 129 N.E.3d See Vance v. Amazon.com Inc. , Six Flags Ent.

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Law Law Court Time-tracking 52

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 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

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.

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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

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

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. ,

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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

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.”

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Lawsuit Criminal trial Court Failure-to-appear 88

Debevoise Data Blog

JANUARY 24, 2023

For example, a 2019 video deepfake featuring Kim Kardashian was successfully removed from YouTube. In addition, as the United States Supreme Court considers the bounds of what constitutes a “transformative” purpose for the sake of fair use, the legal landscape on this issue may shift.

Court 52

Court e-filing Lawsuit State law 52

CaseFox

DECEMBER 22, 2023

He has a wide range of experience litigating cases before federal and state courts including claims of wrongful termination, discrimination, harassment, retaliation, Title 59, Section 1983 and related claims, as well as various civil litigation. It’s not enough to comply with just the federal or the state law.

Dispute resolution 52

Dispute resolution Law Law Legal tech 52

Debevoise Data Blog

JULY 5, 2022

Concerns Over Lack of Actuarial Nexus : The Department likely views the above list of suspect characteristics as non-exhaustive because it goes on to state that any input used for AI models and Big Data that lacks a sufficient actuarial nexus to the risk of loss has the potential to unfairly discriminate.

Due diligence 40

Due diligence Compliance State law Litigator 40

Berkley Technology Law Journal

DECEMBER 24, 2022

It could be a stolen car, a car used in a crime, or the car of someone wanted for breaking the law. 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. So it’s a super important right.

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?

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Lawsuit Failure-to-appear Defendant Court 64

Debevoise Data Blog

JANUARY 14, 2022

A CID is a type of Commissioner-authorized subpoena, enforceable in court, that subjects the recipient to a number of formalized processes and timelines. FTC unanimously held that Section 13(b) of the FTCA does not grant the FTC authority to obtain monetary remedies in federal court. 18] In FTC v. Shire ViroPharma, Inc. ,

Compliance 52

Compliance Court Litigator Litigation 52

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.

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Lawsuit Court Defendant Failure-to-appear 98

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.”

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Court Lawsuit Judge Defendant 105

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.

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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.

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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.

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Defendant Lawsuit Failure-to-appear Court 117

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.

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Defendant Court Lawsuit Judge 59