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 93

Court Failure-to-appear Lawsuit Judge 93

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 104

e-filing Court Failure-to-appear Dispute resolution 104

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 87

Lawsuit Failure-to-appear Defendant Court 87

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 99

Defendant Court Litigator Litigation 99

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 92

Failure-to-appear Defendant Lawsuit Court 92

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 82

Lawsuit Court Defendant Failure-to-appear 82

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 93

Failure-to-appear Defendant Judge Court 93

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 120

Lawsuit Failure-to-appear Court Law 120

Eric Goldman

OCTOBER 28, 2024

The court’s reaction is predictable if chilling. Rather than turning the analysis on formation issues, the court strikes down Ticketmaster’s efforts as unconscionable–and the weak formation practices exacerbate the unconscionability problem. to be unenforceable, as individuals do not have inquiry notice.”

Failure-to-appear 73

Failure-to-appear Court Defendant Law 73

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 106

Failure-to-appear e-records Court Law 106

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 82

Failure-to-appear Court Litigator Litigation 82

Eric Goldman

OCTOBER 13, 2024

My post on a pre-pandemic district court ruling in this case. The appeals court disagrees. The court says Grokster didn’t shrink contributory doctrines; instead, “Grokster expanded the doctrine of contributory infringement” to include the new inducement doctrine. NOCIs to Grande between 2011 and 2017.

Court 95

Court Failure-to-appear Defendant Lawsuit 95

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 112

Failure-to-appear Judge Court Law 112

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 108

Defendant Failure-to-appear Court Law 108

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 93

Failure-to-appear Defendant Federal law Lawsuit 93

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 81

Failure-to-appear Court Lawsuit Lawyer 81

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 90

Failure-to-appear Court Lawsuit Litigator 90

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

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 109

Defendant Judge Failure-to-appear Court 109

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 90

Defendant Failure-to-appear Court Hearing 90

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 75

Defendant Failure-to-appear Court Judge 75

Debevoise Data Blog

SEPTEMBER 25, 2024

The ICO must obtain a court warrant to conduct a dawn raid. unlawfully obtaining personal data); and the court is satisfied that there are reasonable grounds to suspect that evidence of the failure or commission of the offence is to be found on the premises. What is a dawn raid? When can the ICO conduct a dawn raid?

Data protection 52

Data protection Failure-to-appear Court Judge 52

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 74

Lawsuit Defendant Failure-to-appear Court 74

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 102

Court Defendant Failure-to-appear Software 102

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 82

Lawsuit Court Failure-to-appear Defendant 82

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

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 90

Failure-to-appear Defendant Court Law 90

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

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 91

Court Failure-to-appear Data protection Judge 91

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 116

Defendant Court Failure-to-appear Lawsuit 116

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 93

Court Failure-to-appear Lawsuit Bankruptcy 93

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 73

Failure-to-appear Court Lawsuit Law 73

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 86

e-records Court Law Law 86

CaseFox

JUNE 29, 2023

Legal motions allow parties to assert their rights, and seek relief from the court regarding certain cases. They can also present arguments in front of the court with the help of legal motions. They can also present arguments in front of the court with the help of legal motions. This motion asks the court to dismiss the case.

Client Intake 52

Client Intake Court Defendant Failure-to-appear 52

Legal Tech Monitor

JULY 27, 2023

Several years ago, I wrote the blog “ Three Tips for Preserving Social Media Evidence.” Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 For example, in People v.

Lawyer 52

Lawyer Defendant Failure-to-appear Court 52

Debevoise Data Blog

JUNE 22, 2021

In this Debevoise Data Blog post, we offer practical tips for reducing CCPA risk based on a review of the cases filed to date and the treatment of those cases in the courts. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information. In Rahman v. Marriott Int’l, Inc.,

Litigator 52

Litigator Litigation Defendant Failure-to-appear 52

Debevoise Data Blog

OCTOBER 12, 2021

million fine against Austrian Post for channelling electronic data protection-related inquiries to a web form and not offering an additional email address, irrespective of the data subject option to also use non-electronic postal mail or customer service. These developments, and more, covered below. Standard Contractual Clauses).

Data protection 52

Data protection Failure-to-appear Compliance e-records 52