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

Eric Goldman

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.

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Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Eric Goldman

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?

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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

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. .

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Plaintiffs Tried to Plead Around Section 230. It Didn’t Work–Ziencik v. Snap

Eric Goldman

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.

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Catching Up on Two Keyword Ad Cases

Eric Goldman

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?

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

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.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Eric Goldman

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.

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