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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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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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Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Eric Goldman

There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.

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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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Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Eric Goldman

As a result, the court finds that much of the lawsuit is a SLAPP. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

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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.

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Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack

Eric Goldman

” In July 2023, it made a post entitled “ Oliver D. To get around this, Smith argued that blackmail is a crime, but the court cited Coffee v. Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” Substack is entitled to immunity.