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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. McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement. McDermott argued that KMC was sophisticated about copyright law because the person who attached the photo to the bio had a journalism background. The New York Post story.

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

Eric Goldman

The district court dismissed the complaint in 2022. “The fundamental deficiency in the claim…is a failure to point to any specific contract provision (or promise) that Facebook breached… For the same reason, 230(c)(1) is also a bar to Ms. Facebook appeared first on Technology & Marketing Law Blog.

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

Eric Goldman

Mark Bartholomew (Buffalo Law) Sam Bayard Prof. Law) Nyssa Chopra Prof. Stephen Diamond (Santa Clara Law) Prof. Elizabeth Townsend Gard (Tulane Law) Cary Glynn Prof. Deborah Gerhardt (North Carolina Law) Kyle Graham Franklin Graves Prof. Leah Chan Grinvald (now at UNLV Law) Prof. Lisa Ramsey (USD Law) Prof.

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

Debevoise Data Blog

In response to widespread concern among rights holders about the ease with which consumers could make inexpensive copies of music and movies, in 1998, Congress enacted the DMCA to bring copyright law into the Internet age. Raw Story Media, Inc. OpenAI Inc. , 24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. See 17 U.S.C.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. Citing Sellers v.

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

Eric Goldman

Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] By guest blogger Elizabeth Townsend Gard , John E. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Let’s take a look.

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2023 Quick Links: Section 230

Eric Goldman

Where the motion to dismiss concerns questions of law, additional discovery is not required. Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss.