Eric Goldman

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The district court decided that JLM owned the accounts using a six-factor test it created. ” (Cite to Pierson v.

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Debevoise Data Blog

NOVEMBER 12, 2024

24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. Raw Story Media, Inc. OpenAI Inc. , The plaintiffs, two news organizations, alleged that OpenAI had used their copyrighted works in training ChatGPT, one of the most prominent generative AI “chatbots” on the market today. See 17 U.S.C.

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Eric Goldman

OCTOBER 28, 2024

The court’s reaction is predictable if chilling. Rather than turning the analysis on formation issues, the court strikes down Ticketmaster’s efforts as unconscionable–and the weak formation practices exacerbate the unconscionability problem. to be unenforceable, as individuals do not have inquiry notice.”

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Eric Goldman

MARCH 25, 2024

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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Eric Goldman

JUNE 14, 2024

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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Eric Goldman

OCTOBER 13, 2024

My post on a pre-pandemic district court ruling in this case. The appeals court disagrees. The court says Grokster didn’t shrink contributory doctrines; instead, “Grokster expanded the doctrine of contributory infringement” to include the new inducement doctrine. NOCIs to Grande between 2011 and 2017.

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Eric Goldman

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” WTF are we doing in federal court???

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Eric Goldman

JANUARY 27, 2024

The district court initially dismissed all of the claims for their lack of merit, after discussing Snap’s Section 230 defense irresolutely. Assuming the court is right the move isn’t pretextual, it’s still a Pyrrhic victory for the plaintiffs. The plaintiffs tried again, with the same result. Section 230. Negligence.

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Failure-to-appear Court Litigator Litigation 76

Eric Goldman

APRIL 1, 2024

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court is unpersuaded. The court doesn’t appreciate this argument: these are children we’re talking about. [A reminder that I don’t do April Fools’ pranks.] Statutory Standing.

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Eric Goldman

FEBRUARY 21, 2024

” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. cite to LW v.

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Eric Goldman

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. ” The TOS provides additional details about what YouTube considers impermissible animal abuse.

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CloudNine

JUNE 6, 2024

By Rick Clark The Future Lawyer 2024 Conference was held in Boston, MA, and hosted by Ropes & Gray LLP in their Prudential Tower offices. ” She highlighted at this conference that coming in second is still a win, contrasting it with the failure of those who merely follow the crowd like lemmings. .”

Lawyer 59

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Eric Goldman

MARCH 9, 2024

[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. The first question the court must resolve is whether ringless voicemails qualify as “telephone calls” for purposes of the Telemarketing Sales Rule, which prohibits deceptive or abusive telemarketing practices.

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Eric Goldman

FEBRUARY 22, 2024

With the CAS’s demise, both sides essentially bet that the courts would side with them. The appeals court rejected the vicarious claims but upheld the contributory claims. Vicarious Infringement The appeals court says that Cox lacked the requisite “direct financial interest” in subscribers’ infringements.

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Debevoise Data Blog

NOVEMBER 21, 2023

Key takeaways from October include: Employee monitoring: Following new guidance issued by the UK ICO, employers may want to review their existing employee monitoring to ensure it meets the regulator’s latest expectations, including ensuring that any monitoring is necessary, proportionate, and conducted transparently.

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CloudNine

AUGUST 1, 2024

By Rick Clark The Masters Conference for Legal Professionals in New York City hosted by Morgan Lewis LLP on July 24th was replete with insights on applying AI to eDiscovery, collecting and reviewing text and chat app data and information governance. This approach helps to tell the whole story while saving time and reducing costs.

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Debevoise Data Blog

NOVEMBER 4, 2024

On October 22, 2024, the U.S. The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures. million to resolve allegations that it violated the False Claims Act (the “FCA”).

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Eric Goldman

MARCH 12, 2024

The court says no. If users select “continue with email,” as the court assumes the named plaintiff Campos did, they see this (quite ugly) Screen 2: What is that background? Turning to the merits, the court concludes that “Tubi has not established that it reasonably communicated the existence of its TOU to Campos.”

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Eric Goldman

JUNE 9, 2024

The court responds: “Doe’s breeding ground theory essentially seeks to hold Meta liable for failing to remove traffickers’ grooming messages and posts advertising their victims for sex.” Finally: in passing, the court says “Her trafficker was convicted in a criminal trial and sentenced to 40 years in prison.”

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Eric Goldman

OCTOBER 27, 2024

She got less than 2,000 votes in the June 2024 primary. “several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” The court dismisses the case (with leave to amend, but an amendment will fail).

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Lawsuit Failure-to-appear Defendant Court 77

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. The court dismisses OnlyFans per Section 230.

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Defendant Lawsuit Failure-to-appear Court 94

Eric Goldman

SEPTEMBER 27, 2024

9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. Having manufactured the requirement of that the claim must be based on “particular” content to trigger Section 230, the court says none of the claims do that. District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C.

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Wisblawg

APRIL 26, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. 2024) by RENAGH O’LEARY , UW Law School Community supervision agencies and officers do not just supervise people on probation and parole. Supervising Sentencing 57 UC Davis L.

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