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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

It’s a small operation, with a 2022 budget of under $1M/year. The defendant conceded summary judgment on liability, and the court held a trial on damages. This post covers the court’s ruling following the damages trial. Setting the Damages Range The court rejects KMC’s innocent infringement defense.

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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

The district court dismissed the complaint in 2022. After more time and money at the district court, Facebook should have no problem defeating it.” ” Unsurprisingly, on remand, the district court dismisses the contract breach claim. Facebook appeared first on Technology & Marketing Law Blog.

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

Debevoise Data Blog

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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

Eric Goldman

Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Let’s take a look.

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2023 Quick Links: Section 230

Eric Goldman

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. March 31, 2021). Puppies, 2020 Ariz. LEXIS 851 (Az. Superior Ct.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases.

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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. Note 1: all guest bloggers do it purely for the glory.

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