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Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story. The court runs through multiple considerations: Defendant’s state of mind. .
24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. Below, we provide a background on the DMCA’s provisions governing CMI – known as Section 1202(b) – and recent DMCA litigation against AI developers. Raw Story Media, Inc. OpenAI Inc. , See 17 U.S.C.
If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. As a result, the court finds that much of the lawsuit is a SLAPP.
This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?
To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. The plaintiffs tried again, with the same result.
2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. A couple of keyword ad cases from a couple of months ago. Alsa Refinish LLC v. Walmart Inc. Seriously, dude?
Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Not even any blog schwag.]
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. .”
Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. 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.
It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. I can’t see what’s happening in state court, but I have no reason to believe that it’s any less contentious. I vigorously disagree with both rulings, and I wonder if they will survive the inevitable appeals.
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.
The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” and is “a description of its moderation policy.”
As usual, a key non-litigant is Rightscorp, which sent 1.3M On appeal, the Fifth Circuit upholds Grande’s liability but reverses the damages computation in a way that will save Grande a few dollars. NOCIs to Grande between 2011 and 2017. Unsurprisingly, this argument fails. Frontier, another IAP, failed with this argument elsewhere).
[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds are extremely high that he will finish this project and repeal Section 230 in the near future. Charles and Romelus filmed each other while they raped Plaintiff.
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