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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

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. Matthew McDermott is a freelance photographer. The New York Post story.

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The Security ‘Scapegoat?’: When Liability Comes Knocking, CISOs Answer the Call

Berkley Technology Law Journal

District Court for the Southern District of New York suggests that CISOs might be outside of point-blank range. In October 2023, the SEC filed a complaint alleging that SolarWinds and Brown had failed to establish adequate cybersecurity measures before and after the SUNBURST attack. By Gaurav Lalsinghani, J.D.

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2023 Quick Links: Section 230

Eric Goldman

2023 WL 5017711 (D. 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). Mindgeek USA, Inc., Puppies, 2020 Ariz.

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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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Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Eric Goldman

The court dismissed the case without prejudice. ” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. .” A Twitter user sued over his account suspension. Blog post coverage of that ruling here. The user tried again. Same result.

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Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Eric Goldman

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

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Services Aren’t Liable for Ignoring the DMCA’s 512(g) Counternotification Procedures–Hopson v. Google

Eric Goldman

The court dismisses the lawsuit. Failure to Honor Counternotice. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. Google, LLC , 2023 U.S. March 31, 2023). ” Cites to Martin v. Google , Zhang v.