Eric Goldman

FEBRUARY 17, 2024

The court says this implementation isn’t a sign-in-wrap because the CMG terms lacked a call-to-action: “the login through Facebook screen never informed Plaintiff that acceptance of a separate agreement was required before she could access the service, which is the defining feature of a sign-in wrap agreement.”

Court 115

Court Failure-to-appear Judge Litigator 115

Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based.

Court 98

Court Failure-to-appear e-discovery e-records 98

Eric Goldman

AUGUST 13, 2024

This case involves the CancelWatch “blog” on Substack, which says: “We report the activists trying to ruin people’s lives and careers.” Smith has not alleged that the blog post was provided to Substack by its author for any other reason than publication. Substack is entitled to immunity. Substack Inc. ,

Failure-to-appear 105

Failure-to-appear Defendant Court Law 105

Eric Goldman

MARCH 29, 2023

Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023.

e-filing 105

e-filing Court Failure-to-appear Dispute resolution 105

Eric Goldman

AUGUST 31, 2023

The court dismissed the case without prejudice. Blog post coverage of that ruling here. ” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. .” A Twitter user sued over his account suspension. The user tried again.

Lawsuit 124

Lawsuit Failure-to-appear Court Law 124

Eric Goldman

JANUARY 24, 2024

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. The district court decided that JLM owned the accounts using a six-factor test it created. ” (Cite to Pierson v.

Court 105

Court Failure-to-appear Lawsuit Judge 105

Eric Goldman

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. Car-Freshner claims that Facebook online marketplace items are infringing, counterfeiting, and diluting.

Failure-to-appear 115

Failure-to-appear e-records Court Law 115

Eric Goldman

MAY 8, 2024

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. . ” Cites to Mosha v. Facebook , Herrick v.

Failure-to-appear 105

Failure-to-appear Defendant Judge Court 105

Eric Goldman

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. Despite the importance of those Fall 2023 rulings, I never blogged either.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Debevoise Data Blog

NOVEMBER 12, 2024

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

SEPTEMBER 28, 2024

” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true. .” ” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true.

Lawsuit 105

Lawsuit Failure-to-appear Defendant Court 105

Eric Goldman

MARCH 25, 2024

As a result, the court finds that much of the lawsuit is a SLAPP. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. The remainder groks the details of a technical 52-page opinion.

Defendant 105

Defendant Court Litigator Litigation 105

Eric Goldman

JULY 21, 2024

Those items got indexed in Google and appeared in Benedict’s vanity searches. To get around it, Todino argued that he was suing for failure to remove the postings. (I The court cites the old Lycos case for the proposition that 230 applies to failure to remove, even after notice. ” Defamation. Harassment.

Lawsuit 98

Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.” Defamation.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

APRIL 4, 2023

The court dismisses the lawsuit. Failure to Honor Counternotice. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. This case involves a UGC anime site called Gelbooru, run by Hopson. ” Cites to Martin v.

Failure-to-appear 97

Failure-to-appear Court Lawsuit Lawyer 97

Eric Goldman

OCTOBER 17, 2023

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. CloudFlare’s block ).

Defendant 115

Defendant Failure-to-appear Law Law 115

Eric Goldman

SEPTEMBER 29, 2023

I gave the following comments to reporters: __ For the reasons I described in my blog, the SHOP SAFE Act is a marketplace-killer. I gave the following comments to reporters: __ For the reasons I described in my blog, the SHOP SAFE Act is a marketplace-killer. This week, Sens. As a result, it remains terrible.

Failure-to-appear 116

Failure-to-appear Judge Court Law 116

Eric Goldman

NOVEMBER 6, 2023

Watch it at [link] Despite the obvious overlaps, the district court ruled for Epic because it thought the emote took such a small amount of the dance and short dance routines aren’t protected by copyright. Previous blog post. The Ninth Circuit reverses. I hope the anti-dismissal sentence is rightly ignored as dicta).

Failure-to-appear 105

Failure-to-appear Court Lawsuit Litigator 105

Eric Goldman

FEBRUARY 17, 2025

[This opinion from December got stuck in my blogging queue. I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] The superior court found that Facebook violated this law and awarded $35M in penalties and attorneys’ fees as well as an injunction.

Law 52

Law Law Court Failure-to-appear 52

Eric Goldman

JANUARY 27, 2024

The district court initially dismissed all of the claims for their lack of merit, after discussing Snap’s Section 230 defense irresolutely. Assuming the court is right the move isn’t pretextual, it’s still a Pyrrhic victory for the plaintiffs. The plaintiffs tried again, with the same result. Section 230. Negligence.

Failure-to-appear 97

Failure-to-appear Court Litigator Litigation 97

Eric Goldman

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . ” The court cites Force v.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

FEBRUARY 21, 2024

” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. cite to LW v.

Defendant 95

Defendant Failure-to-appear Court Judge 95

Eric Goldman

MARCH 8, 2024

First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts. The rule of law is nominally satisfied if the defense gets an opportunity to correct those errors, but in practice the SAD Scheme TRO often has irreparable consequences, and further proceedings in the court are irrelevant.

Defendant 111

Defendant Judge Failure-to-appear Court 111

Eric Goldman

MAY 18, 2023

Supreme Court [FN]. Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Ratermann v.

Lawsuit 95

Lawsuit Defendant Failure-to-appear Court 95

Eric Goldman

APRIL 1, 2024

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court is unpersuaded. The court doesn’t appreciate this argument: these are children we’re talking about. [A reminder that I don’t do April Fools’ pranks.] Statutory Standing.

Defendant 98

Defendant Failure-to-appear Court Hearing 98

Eric Goldman

APRIL 29, 2023

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

Court 105

Court Failure-to-appear Lawsuit State law 105

Eric Goldman

MARCH 9, 2024

[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. FWIW, “Slog to Blog” would make a good band name.] Note: the court says that most voicemail inboxes are accessed via telephone. If this opinion confuses you, welcome to the club.

Court 105

Court Failure-to-appear Defendant Software 105

Eric Goldman

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. ” The TOS provides additional details about what YouTube considers impermissible animal abuse.

Failure-to-appear 98

Failure-to-appear Defendant Court Law 98

Eric Goldman

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. Thus, the court says: “the steps a business would need to take to sufficiently estimate the age of child users would likely prevent both children and adults from accessing certain content. I hope it was worth the wait.] their website). It’s not a close call.

Court 109

Court Failure-to-appear Data protection Judge 109

Eric Goldman

OCTOBER 6, 2024

The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” ” The court adds: The Google search results are simply Walmart webpages that contain search results themselves. .”

Lawsuit 98

Lawsuit Court Failure-to-appear Defendant 98

Eric Goldman

MAY 30, 2023

The professional/personal distinction remains hot for politicians using social media–that issue is headed to the Supreme Court). The court doesn’t endorse this test. The Court will also likely consider ‘control’ as a significant determining factor.”

Court 98

Court Failure-to-appear Lawsuit Bankruptcy 98

Eric Goldman

FEBRUARY 22, 2024

With the CAS’s demise, both sides essentially bet that the courts would side with them. The appeals court rejected the vicarious claims but upheld the contributory claims. Vicarious Infringement The appeals court says that Cox lacked the requisite “direct financial interest” in subscribers’ infringements.

Defendant 119

Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

AUGUST 11, 2023

The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases.

e-records 98

e-records Court Law Law 98

Attorney at Work

OCTOBER 29, 2021

But danger lurks behind certain tech when working from home. SOMETHING WICKED THIS WAY COMES. Working remotely, whether part-time or full-time, requires a variety of technology. And, to be sure, remote-work tech tools are loaded with treats that keep our businesses humming while we work from home. But the remote-work environment complicates things.

Legal tech 121

Legal tech Legal tech Lawyer e-records 121

Eric Goldman

JULY 11, 2023

The court dismisses the lawsuit against Amazon. In a footnote, the court adds that the decedents’ age doesn’t affect the analysis: The fact that Amazon allegedly continued to sell the Sodium Nitrite to “children” after it “knew [the Sodium Nitrite] was used for suicide” does not change this conclusion.

Failure-to-appear 75

Failure-to-appear Court Lawsuit Law 75

3 Geeks and a Law Blog

JULY 3, 2023

For the Fourth of July week, we thought we’d do something fun and probably a little weird. Greg spoke with an AI guest named Justis for this episode. Justis, powered by OpenAI’s GPT-4, was able to have a natural conversation with Greg and provide insightful perspectives on the use of generative AI in the legal industry, specifically in law firms.

Law 285

Law Law Law firm Time-tracking 285