Eric Goldman

APRIL 11, 2025

Pandabuy initially no-showed in the case, so the court converted the TRO to a preliminary injunction. Pandabuy eventually showed up in court and explained how it operates more like a passive facilitator than a seller or manufacturer. This additional context prompted the court to dissolve the injunction. SAD Scheme Cases Suck.

Defendant 52

Defendant Court Judge Lawsuit 52

Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. The court dismisses the case entirely with leave to amend. This doctrinal move doesn’t work.

Court 59

Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

APRIL 12, 2025

2025 WL 961473 (W.D.N.Y. March 31, 2025) This case involves the service Joybuy, which listed items for sale in Walmart.coms marketplace. The court is unclear about how Joybuy operates, but it appears that Joybuy (via the entity JD) runs its own online marketplace. Omnia Studios Ltd. JD E-Commerce America Ltd.,

Defendant 59

Defendant Court Lawsuit e-filing 59

Debevoise Data Blog

JANUARY 13, 2025

Despite the busy 2024 litigation year against companies offering AI platforms in 2024, significant intellectual property questions remain unanswered as the calendar turns to 2025. 2025 may bring some clarity to the legal status of AI, including through highly anticipated guidance from the U.S. In Millette v. OpenAI, Inc.,

Litigator 52

Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

MAY 7, 2025

”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? Note: the court surely meant Nivoda, not Rapaport. May 2, 2025). This lawsuit was filed in early January. the abysmal CDN v. .” the abysmal CDN v. Cite to Banxcorp v.

Lawsuit 52

Lawsuit Defendant Judge Court 52

Eric Goldman

MARCH 3, 2025

The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims. The district court agrees with the plaintiff. ” I disagree with the court’s characterization of Section 230’s goals, but I can see why the 230 defense vexed the court. .”

Court 52

Court Compliance Defendant Lawsuit 52

Eric Goldman

MARCH 4, 2025

The court says that Viral DRM’s exclusive “management” rights is not the same as ownership or an exclusive license to the copyright. The court says that Viral DRM doesn’t have standing to enforce the copyright. 2025 WL 660250 (N.D. 28, 2025) Prior Blog Posts on the SAD Scheme Another N.D.

Defendant 52

Defendant Judge Lawsuit Court 52

Eric Goldman

MARCH 20, 2025

Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. The district court said “There are elements of both [clickwrap and sign-in-wrap] here.” This is another example where courts will be quite unforgiving about any idiosyncracies in the TOS formation process.

Defendant 52

Defendant Court Lawsuit Law 52

Eric Goldman

FEBRUARY 15, 2025

Distribution The court says “the Forms were accessible at the URLs that plaintiff located. ” However, the court says the plaintiff has to allege actual downloading, not just the mere possibility. ” The court also rejects an implied license defense using an overly restrictive test. ” Citing Bell v.

Lawsuit 52

Lawsuit Defendant Court Judge 52

Eric Goldman

APRIL 15, 2025

The court preliminarily enjoined the law in 2023. Rather than address whether the social media platforms are engaging in expressive activity, the court focuses on the laws effects on users: Act 689 forecloses access to social media for those minors whose parents do not consent to the minors use of social media. Scrutiny Level.

Court 64

Court Lawsuit Judge Law 64

Clio

APRIL 2, 2025

This guide breaks down the most important personal injury statistics for 2025, going beyond the numbers to show you how these trends can improve your strategic decisions, help you set realistic client expectations, and ultimately deliver better results. Plaintiffs in federal court received an average of $75,000 in damages ( NOLO ).

Injury Lawyer 52

Injury Lawyer Law Law Attorney 52

Eric Goldman

MARCH 11, 2025

Thats the basis for a recent opinion from a Florida federal district court that could have major implications for online services CSAM detection and reporting practices. Now, however, a district court decision suggests that providers can no longer take it for granted that they wont face liability for reporting non-CSAM.

Lawsuit 52

Lawsuit Defendant Court Failure-to-appear 52

Eric Goldman

APRIL 17, 2025

The court summarizes: The plaintiffs commenced this action in connection with the death by suicide of 16 year old Chase Nasca on February 18, 2022 after he walked in front of a train. For more on Chase’s tragedy, see the People magazine story or the Social Media Victims Law Center’s press release about the lawsuit.

Lawsuit 64

Lawsuit Defendant Failure-to-appear Court 64

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. The district court dismissed the case. The Ninth Circuit affirms every point of the district court’s decision. The court says that Grindr’s claim is not a specific promise, is too general to be enforced (I guess it’s like puffery?)

Lawsuit 64

Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

JANUARY 18, 2025

Plaintiffs are still regularly bringing lawsuits over embedding. 2025 WL 89191 (S.D.N.Y. 14, 2025) This cases involves two videos, one involving Michael Jordan that someone posted to Twitter (seemingly without permission?) The court doesn’t discuss the Hunley case at all. Mediaite LLC, 2025 WL 89226 (S.D.N.Y.

Defendant 96

Defendant Court Lawsuit Litigator 96

Brett Trout

MAY 5, 2025

Brett Trout On April 30, 2025, the Federal Circuit issued a precedential decision in Fintiv, Inc. The court found several claims in Fintivs patents invalid for indefiniteness under 35 U.S.C. The court held that terms like payment handler lacked any definite structure and operated as generic black boxes. PayPal Holdings, Inc. ,

Court 59

Court Litigator Litigation Lawsuit 59

Eric Goldman

APRIL 8, 2025

However, the case fell apart on further proceedings when the court reconsidered jurisdiction and joinder. It’s so typical that SAD Scheme cases can’t survive actual scrutiny, unlike the deferential reviews courts apply at the ex parte TRO stage. Sloppy or nefariousporque no los dos?

Defendant 52

Defendant Court Lawsuit State law 52

Eric Goldman

MARCH 21, 2025

I previously summarized this lawsuit: The plaintiff sells remanufactured printer ink cartridges. For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon over its competitors alleged misdeeds, going so far to breathlessly issue a press release that it had filed a $500 million lawsuit against tech giant Amazon.

Lawsuit 59

Lawsuit Failure-to-appear Court Judge 59

Eric Goldman

MARCH 13, 2025

Six4Three sued Facebook in 2015 (yes, this lawsuit has been ongoing for a decade) and somehow worked its way up to a Fifth Amended Complaint. In its most recent ruling, the trial court granted Facebook’s anti-SLAPP motion and awarded Facebook nearly $700k in attorneys’ fees. The appellate court affirms. ICS Provider.

Lawsuit 52

Lawsuit Defendant Court Attorney 52

Eric Goldman

MAY 5, 2025

The court summarizes the Meta Pixel’s operation: During the installation process, FITE configured the Pixel on its website to include PageView. The court provides a screenshot of the information passed to Facebook in the URL via the GET command: Box A contains the video title watched by a viewer. pre-TikTok. pre-TikTok.

Court 52

Court Lawsuit Time-tracking Defendant 52

Eric Goldman

APRIL 1, 2025

This lawsuit is against IRBsearch, a data aggregator of public records and other material allegedly scraped from the web. In a footnote, the court notes that if the defendant is a consumer reporting agency, the defamation claim also will be preempted by the FCRA). [A reminder that I don’t do April Fools gags.]

Defendant 59

Defendant Bankruptcy Failure-to-appear Court 59

Eric Goldman

JANUARY 16, 2025

Zaful could bring individual lawsuits against each merchant (a point the court makes), or it may be able to use the DMCA notice-and-takedown system to target those photos and avoid court altogether. But hey, why not use the SAD Scheme to save on filing fees if the court will let you get away with it?

Defendant 52

Defendant Judge Intellectual Property Court 52

Eric Goldman

JANUARY 11, 2025

In the last month, two more copyright lawsuits over city council videos have triggered my alerts. The court summarizes the facts: The two videos at issue comprise excerpts from Lakeway City Council meetings and a presentation Kilgore gave as mayor to Lakeway residents, sitting at a desk in front of United States and Texas flags.

Court 40

Court Judge Defendant Case predictions 40

Eric Goldman

FEBRUARY 7, 2025

However, it’s another indicator that circuits outside the Third are likely to disagree with the Anderson ruling, virtually ensuring the conflict will reach the Supreme Court. (In In a mild surprise, TikTok abandoned its Supreme Court appeal of the Anderson case, so that reconciliation will have to wait a bit longer).

Judge 64

Judge Court Defendant Lawsuit 64

Eric Goldman

MARCH 27, 2025

The panel says wearily that “This action is Loomers fourth lawsuit about this alleged conspiracy” but sidesteps the obvious res judicata problem. All of those prior lawsuits failed, and this one does too, in a perfunctory memo opinion. The court says that allegation (and others) is too unspecific. March 27, 2025).

Lawsuit 52

Lawsuit Failure-to-appear Court Defendant 52

Eric Goldman

APRIL 21, 2025

In early 2024, the court granted a preliminary injunction against the law going into effect. Borrowing heavily from its prior opinion, the court has now granted the permanent injunction. The court responds: “the Act is not narrowly tailored to protect minors against oppressive contracts.

Court 92

Court Law Law Judge 92

Eric Goldman

MARCH 29, 2025

Despite the lack of any secrets here, Watts brought a lawsuit under Nevada’s sui generis anti-doxxing law ( NRS 41.1347 ), claiming that “due to his status as a well-known climate pundit, the release of his address on the internet increased his risk of death or bodily injury by climate activists.” And for what benefit?

Lawsuit 64

Lawsuit Defendant Court Litigator 64

Eric Goldman

FEBRUARY 8, 2025

A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (Charles) and Romelus raped Plaintiff. The plaintiff brought a FOSTA lawsuit. 2025 WL 336741 (S.D. 30, 2025) MORE ON DOE V. The court again denies a Section 230 dismissal. Prior blog post.

Defendant 59

Defendant Lawsuit Judge Court 59

Eric Goldman

MAY 1, 2025

The account termination lawsuits keep coming , so I’ll keep blogging them. 2025 WL 1249157 (D. April 29, 2025) This is a pro se/in pro per case. Indeed, there is nothing available to the Court demonstrating the private entities Plaintiff sues could meet this standard. 2025 WL 1237550 (N.D. McCarthy v.

Court 64

Court Lawsuit Defendant Litigator 64

Eric Goldman

APRIL 10, 2025

The state appellate court disagrees. In addition to that flaw, the court says that Armslists allegations of jawboning dont rise to NRA v. I support the court’s decision, but I’m unhappy with the conduct of our taxpayer-funded representatives. 2025 PA Super 78 (Pa. Vullo s level of censorial threats.

Lawsuit 52

Lawsuit Court Defendant Judge 52

Eric Goldman

APRIL 18, 2025

As the court says, the “conduct of private parties typically falls outside the scope of protection offered by 1983,” and that’s true here: Plaintiff does not allege any state action that would sustain a 1983 claim. This adds to the ever-growing list of failed lawsuits over account terminations and content removals.

Lawsuit 52

Lawsuit Defendant Court Litigator 52

Eric Goldman

JANUARY 14, 2025

Yes, this is a 15-year-old lawsuit.[FN] FN] [FN: This lawsuit is almost old enough to drive a car. The district court’s rulings became final in 2021. If law professors can’t agree about fair use, I guess the court thinks no one can? (A On appeal, the Second Circuit agrees, in an opinion written by Judge Leval.

Defendant 92

Defendant Court Lawsuit Judge 92

Eric Goldman

DECEMBER 23, 2024

To the extent that courts have acknowledged this issue, they have presumed that everyone knew Backpage was providing illegal services to sex traffickers. So for purposes of a motion to dismiss, courts can simply assume the upstream violations. Add Section 230 into the mix and tertiary liability looks even weirder.

Defendant 59

Defendant Court Lawsuit Judge 59

Eric Goldman

JANUARY 9, 2025

9) Supreme Court Tamps Down on Jawboning and Government Social Media Lawsuits. The Supreme Court is taking a steady stream of Internet Law cases, a trend that will continue for some time. Tomorrow, the Supreme Court will hear the TikTok ban, and Wednesday, the Supreme Court will hear Free Speech Coalition v.

Law 102

Law Law Court Lawsuit 102