Eric Goldman

NOVEMBER 6, 2023

” As the court then explains, there are many circumstances where it’s perfectly appropriate to do so, and where the failure to do so would allow the putative copyright owner to weaponize the court system. Previous blog post. The Ninth Circuit reverses. I hope the anti-dismissal sentence is rightly ignored as dicta).

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Eric Goldman

JUNE 17, 2023

is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. GitHub, Inc.

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 4] In mid-November of 2023, Cruise halted its entire fleet of autonomous vehicles (AVs) amid a safety investigation. [5]

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Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. Supreme Court [FN]. Twitter, Inc.

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Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. As a result, the court finds that much of the lawsuit is a SLAPP. By declaring the lawsuit a SLAPP, the court concludes that Twitter misused the court system in an attempt to suppress CCDH’s speech.

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Defendant Court Litigator Litigation 105

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising.

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Eric Goldman

AUGUST 11, 2023

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir. The court explains: StubHub’s website sign-in screen that these Plaintiffs viewed provided sufficient notice of their agreement to arbitrate any disputes. Citing Sellers v.

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e-records Court Law Law 98

TechLaw Crossroads

JANUARY 12, 2023

This year’s Show gave every appearance of being back to the full throttle pre-pandemic version. I skate to where the puck is going to be, not where it has been Wayne Gretzky Last week, I was back at the sprawling CES (formerly known as the Consumer Electronics Show) in Las Vegas. CES goes out of its way to accommodate the media.

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Legal tech Legal tech Lawsuit Litigator 52

Eric Goldman

JULY 11, 2023

The court dismisses the lawsuit against Amazon. Speedpera, CC BY 4.0, via Wikimedia Commons This case involves the tragic suicide of two teenagers, both of whom died by consuming sodium nitrite they purchased from a third-party Amazon merchant (Loudwolf). However, in undiluted form, it’s toxic.

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MatterSuite

APRIL 24, 2024

Lawsuits can happen to anyone, even the most skilled lawyers. A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. The median cost of defending a legal malpractice lawsuit is $100,000.

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Lawyer Lawsuit Defendant Failure-to-appear 52

MatterSuite

APRIL 24, 2024

Lawsuits can happen to anyone, even the most skilled lawyers. A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. The median cost of defending a legal malpractice lawsuit is $100,000.

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Lawyer Failure-to-appear Lawsuit Compliance 52

Eric Goldman

JUNE 20, 2023

21-869 (May 18, 2023). [Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No.

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Court Failure-to-appear e-discovery e-records 98

Eric Goldman

JUNE 11, 2023

I’ve blogged so many pro se lawsuits by suspended Twitter users and they all end the same. June 8, 2023) The post Section 230 Ends Another Suspended Twitter User’s Lawsuit–Zhang v. Twitter appeared first on Technology & Marketing Law Blog. I’m blogging this ruling mostly for completeness.

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Lawsuit Failure-to-appear Court Law 128

Eric Goldman

DECEMBER 26, 2023

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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Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

JUNE 7, 2023

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Debevoise Data Blog

NOVEMBER 4, 2024

The complaint was brought under the FCA’s qui tam provisions, whereby a private citizen can bring a lawsuit on behalf of the government. The underlying failures alleged in the settlement occurred between 2018 and 2023. million to resolve allegations that it violated the False Claims Act (the “FCA”).

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Compliance Failure-to-appear Lawsuit Court 52

Eric Goldman

JULY 16, 2023

But the failure to prevent unlawful conduct is alone insufficient to state a claim for aiding and abetting. Armslist publishes users’ classified ads for guns. Two estates sued Armslist for allegedly facilitating illegal gun sales that led to murders. My blog post on the district court rulings. In this case, the answer is no.

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Lawsuit Court Failure-to-appear Judge 98

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content.

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Eric Goldman

JANUARY 26, 2024

Heuberger , 2023 WL 5334192 (D. Alderwood Surgical Center, LLC, 2023 WL 3435305 (W.D. May 12, 2023); and State v. Alderwood Surgical Center, LLC, 2023 WL 3687053 (W.D. May 26, 2023). Pinho, 2023 WL 3017282 (Cal. April 20, 2023). Lulifama.com LLC, 2023 U.S. July 20, 2023).

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Berkley Technology Law Journal

OCTOBER 3, 2023

2023 In today’s digital age, personal information can be bought, traded, and sold by anyone with an internet connection. By Lauren Barland LL.M. From our health and dietary habits to our sexual and romantic preferences, companies are collecting sensitive data on a massive scale, posing significant threats to privacy.

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