Eric Goldman

MAY 7, 2025

”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? ” And yet…the copyright law jurisprudence is littered with cases saying or implying that individual prices could be copyrightable (e.g., May 2, 2025). the abysmal CDN v.

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Percipient

MARCH 18, 2025

To make things easier, weve rounded up the best contract review software of 2025 so you can find the right fit and get contracts done fasterwithout the stress. Reduce the Risk of Costly Mistakes One missed clause can lead to financial losses, compliance issues, or even lawsuits. But not all contract review tools are the same.

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Software Due diligence Machine learning e-discovery 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. Such allegations fail to state a claim under products liability law. removal of the reported videos.

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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. Shockingly, the plaintiff didnt contest any of the other 512 elements, so Joybuy defeats the lawsuit. Luoxue, 2025 WL 822692 (N.D. 2025 WL 965811 (S.D.N.Y. Omnia Studios Ltd.

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Brett Trout

APRIL 21, 2025

Brett Trout On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit (the main court for resolving patent issues) issued a significant decision in Recentive Analytics, Inc. Fox Corp. (No.

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Machine learning Court Litigation Litigator 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.,

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Litigation Litigator Intellectual Property Defendant 52

Eric Goldman

APRIL 11, 2025

Respect the Look My Comments to the USPTO About the SAD Scheme and Anticounterfeiting/Antipiracy Efforts My New Article on Abusive Schedule A IP Lawsuits Will Likely Leave You Angry If the Word Emoji is a Protectable Trademark, What Happens Next?Emoji Pandabuy appeared first on Technology & Marketing Law Blog. LEXIS 7440 (S.D.N.Y.

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Defendant Court Judge Lawsuit 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. 2025 WL 606194 (W.D. 25, 2025) The post Section 230 Doesn’t Apply to “Refer-a-Friend” Text Message–Jensen v. ” Case Citation : Jensen v.

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Court Compliance Defendant Lawsuit 52

Eric Goldman

MARCH 4, 2025

Based on this ruling, Viral DRM’s earlier SAD Scheme lawsuit also may have been deficient on copyright standing grounds. 2025 WL 660250 (N.D. 28, 2025) Prior Blog Posts on the SAD Scheme Another N.D. To be clear, the ruling I’m blogging today isn’t a SAD Scheme case. Case Citation : Viral DRM LLC v.

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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. March 19, 2025). Homeaglow appeared first on Technology & Marketing Law Blog. Here is one of the screens consumers purportedly navigated: This looks like a standard “sign-in-wrap.” Case Citation : Seneca v.

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CloudNine

APRIL 15, 2025

On Thursday, April 10, 2025, legal and technology professionals gathered at Arnold & Porter in Washington, D.C. The conference featured a wide range of insightful sessionscovering topics from artificial intelligence, custodian interviews with modern data challenges, case law updates, and social media collection and analysis.

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e-discovery Due diligence e-filing Compliance 59

Debevoise Data Blog

APRIL 3, 2024

Moreover, as we previously wrote , Zillow is facing a securities class action lawsuit for allegedly misleading shareholders with overly optimistic claims regarding its house-pricing Zillow Offers tool. Lead plaintiff’s motion for class certification is pending, and the case is currently set for a 10-day jury trial in June 2025.

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Debevoise Data Blog

JANUARY 8, 2024

For example, Zillow is facing a class action securities fraud lawsuit brought by its shareholders who allege that they were misled by overly optimistic claims made by the company about its house-pricing Zillow Offers tool. The case is currently set for a 10-day jury trial in June 2025.

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Litigator Litigation e-filing Lawsuit 52

Eric Goldman

FEBRUARY 15, 2025

Calling all cyberlaw nerds: here is a bona fide “ Law of the Horse ” case. The plaintiff is an Oregon law firm practicing equine law. Copyrightability The case sets up one of the longstanding open questions in copyright law: when are form contracts copyrightable, and when is sharing them infringing?

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Lawsuit Defendant Court Judge 52

Eric Goldman

APRIL 15, 2025

This is a segregate-and-suppress law : the law requires some social media platforms to age-authenticate all users and prevent minors from opening accounts without parental consent. The court preliminarily enjoined the law in 2023. Nevertheless, the definitions of social media platform undermine the laws efficacy.

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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. Set yourself up for success with our free Guide to Starting a Law Firm.

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Injury Lawyer Law Law Attorney 52

Eric Goldman

MARCH 11, 2025

Relevant Federal Law: Balancing User Privacy with Child Protection In the 1980s, Congress passed a law called the Stored Communications Act (SCA) that created a statutory right of privacy for Americans digital files and communications. NCMEC routes received reports to the appropriate law enforcement agency.

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Lawsuit Defendant Court Failure-to-appear 52

Eric Goldman

APRIL 17, 2025

For more on Chase’s tragedy, see the People magazine story or the Social Media Victims Law Center’s press release about the lawsuit. This is a standard argument in minors’ lawsuits against social media). April 14, 2025). April 11, 2025) This is a pro se/IFP case. Iyer , 2025 WL 966275 (S.D.N.Y.

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Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Salesforce * Omegle Defeats Lawsuit Over Users CappingMH v. Case Citation : Doe v.

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LawSites

JULY 23, 2021

Now it has launched a regulation crowdfunding campaign aiming to raise as much as $5 million, with the mission, says its new CEO KJ Erickson, of taking law to the people. Additionally, UpCounsel plans to roll out additional products and services and says it will eventually launch its own, UpCounsel-branded, full-service law firm.

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Martindale-Avvo

MAY 6, 2025

Antitrust law is the bedrock of a free and competitive marketplace, but this is under strain from large and increasingly dominant companies. In 2025, expect activity against these large entities to continue. Guidance from the Department of Justice (DOJ) and expert commentary implies more of the same in antitrust in 2025.

Law 52

Law Law Lawsuit Defendant 52

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?) Mediaite LLC, 2025 WL 89226 (S.D.N.Y. 2025 WL 208768 (W.D. Townsquare Media, Inc.,

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Eric Goldman

APRIL 8, 2025

Instead, the court awards nominal damages of $1 per “bogus” counternoticeacross the 8 lawsuits, this comes to $16 TOTAL. Im no math expert, but Im pretty sure Viral DRM did not come out as an economic winner from these lawsuits. Ashgar, 2025 WL 822685 (N.D. March 13, 2025) Viral DRM LLC v. March 14, 2025).

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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.

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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. Kudos, I guess, to the plaintiffs’ lawyers for making a lawsuit over a creepy app seem important enough to warrant a decade of litigation. 2025 WL 783250 (Cal. March 12, 2025).

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Eric Goldman

MAY 5, 2025

2025 WL 1256641 (2d Cir. May 1, 2025) More Posts on the Pixel Cases Leaky TOS Formation = No TOS FormationSnyder v. Google (Catch Up Post) Think You Understand Online Trespass to Chattels Law? Triller appeared first on Technology & Marketing Law Blog. pre-TikTok. Flipps Media, Inc.

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Court Lawsuit Time-tracking Defendant 52

Brett Trout

MAY 5, 2025

Brett Trout On April 30, 2025, the Federal Circuit issued a precedential decision in Fintiv, Inc. Trout, PC, we guide innovators through the complexities of patent law in rapidly evolving fields. PayPal Holdings, Inc. , The court found several claims in Fintivs patents invalid for indefiniteness under 35 U.S.C.

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Eric Goldman

MARCH 19, 2025

As you may recall, the Ninth Circuit substantially gutted California’s mandatory editorial transparency law (AB 587). In the aftermath of that ruling, the California AG abandoned its defense of key portions of the law. In exchange, X dropped its challenge to the rest of the law. Our tax dollars at work. See NetChoice v.

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Law Law Compliance Lawsuit 59

Eric Goldman

APRIL 1, 2025

This lawsuit is against IRBsearch, a data aggregator of public records and other material allegedly scraped from the web. IRBsearch, LLC , 2025 WL 950679 (S.D.N.Y. March 28, 2025) The post Section 230 Applies to Consumer Reporting Agencies (But Only Sometimes)–Foley v. [A reminder that I don’t do April Fools gags.]

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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. Schedule A Defendants , 2025 WL 71797 (N.D. 10, 2025) * * * Prior Blog Posts on the SAD Scheme Judge Rejects SAD Scheme JoinderToyota v.

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Defendant Judge Intellectual Property Court 52

Eric Goldman

JANUARY 11, 2025

In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. In the last month, two more copyright lawsuits over city council videos have triggered my alerts. 2025 WL 35245 (D.

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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. It’s hardly surprising that Loomer lost this lawsuit. March 27, 2025).

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Lawsuit Failure-to-appear Court Defendant 52

Eric Goldman

FEBRUARY 7, 2025

Section 230 The plaintiff argued that the plaintiff’s common law claims (strict products liability, negligence, and negligent infliction of emotional distress) didn’t treat Facebook as the publisher of third-party content. 2025 WL 377750 (4th Cir. Meta appeared first on Technology & Marketing Law Blog.

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Eric Goldman

APRIL 21, 2025

Ohio enacted a segregate-and-suppress law that requires regulated websites to obtain parental consent before minors can access certain site features. In early 2024, the court granted a preliminary injunction against the law going into effect. Strict Scrutiny Unsurprisingly, the law fails strict scrutiny.

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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.” –Watts v.

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Lawsuit Defendant Court Litigator 64

Eric Goldman

FEBRUARY 8, 2025

The plaintiff brought a FOSTA lawsuit. ” “The law is clear that a service provider doesn’t shed Section 230 immunity when it neutrally promotes all its users content in the same way (as Fenix allegedly did here).” 2025 WL 336741 (S.D. 30, 2025) MORE ON DOE V. Prior blog post.

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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. 2025 WL 1237550 (N.D. April 28, 2025) Another pro se/in pro per case. Google Twitter Account Suspension Lawsuits Keep FailingHall v. Meta Platforms, Inc.,

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