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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

Lloyd sued Facebok for a variety of claims (I initially described the suit as “a standard kitchen-sink pro se lawsuit against Facebook”). Neither the statutory language nor the case law suggests that applicability of 230(c)(1) turns on the type of third-party speech involved. Case Citation : Lloyd v.

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How to Write a Case Brief: The Ultimate Cheatsheet

Clio

Case briefing has a long history in legal studies as a tried-and-true method for reviewing and analyzing judicial opinions. As for the legal briefing on your own cases, book a demo with Clio to see how our practice management solution can help you keep case information and documents organized and boost your productivity.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Eric Goldman

The case law in the Ninth Circuit — the other appellate circuit central to developing copyright law, especially regarding new technologies — seems to support the Seventh Circuit’s majority approach. However, it was sometimes not as clear as the case law of other circuits. A third approach?

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

Based on my reading of the case law, the Fourth and Eighth Circuits broadly follow this approach. Based on my reading of lower court opinions, to date, courts in the Third Circuit also seem to follow the case-by-case approach. However, it was sometimes not as clear as the case law of other circuits.”

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Exploring the Future of Legal Innovation at The Masters Conference: Thought Leadership in D.C. and Social Media in Discovery and Investigations

CloudNine

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. That evidence was found publicly, but only for a short window before it was removed.

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Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Eric Goldman

Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? Its no wonder this case has generated coverage everywhere from Bloomberg to People Magazine in monochromatic living rooms across the world, content creators are watching and waiting. Sydney Nicole LLC v.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 94-1476, at 159-60.