Eric Goldman

AUGUST 24, 2023

Many interpreted this as allowing an affirmative right to scrape public data, even if that was not the correct reading of the law and the reality was always more nuanced. Lawyers are increasingly confident that courts will enforce the breach of contract claim against scrapers and obtain the relief thy want. I blame the courts.

Intellectual Property 98

Intellectual Property Court Litigator Litigation 98

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

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Court Litigator Litigation Case law 98

Eric Goldman

SEPTEMBER 26, 2024

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. Instagram appeared first on Technology & Marketing Law Blog. LEXIS 171462 (N.D.

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Court Judge Defendant Hearing 111

Eric Goldman

MARCH 4, 2023

I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018 ?). He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. Ripoff Report removed the case to federal court.

State law 97

State law Court Defendant Lawsuit 97

Legal Tech Monitor

FEBRUARY 28, 2024

On Monday, the Supreme Court heard oral arguments in a case concerning laws passed in Florida and Texas over whether state governments are allowed to create rules to address social media companies’ alleged censorship of conservative viewpoints on their platforms.

State law 52

State law Law Law Court 52

Eric Goldman

JULY 1, 2024

On appeal to the Supreme Court, the laws baffled the justices due to their sprawling nature, confusing provisions, and misguided policy assumptions. The Supreme Court unanimously agreed to send the cases back to the Fifth and Eleventh Circuits for more careful review of the plaintiffs’ facial challenges to the laws.

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Court Defendant Lawsuit State law 115

Eric Goldman

AUGUST 27, 2024

I believe that’s because the court and parties are battling over redactions. There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. This case involves the videogame NBA 2K, not a stranger to this blog. The court shrugs its shoulders.

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Lawsuit Defendant Court State law 98

Eric Goldman

SEPTEMBER 15, 2024

But the sender’s dereliction in this case really got to me, so it’s worth the blog post. The court says that White, the plaintiff, never showed that UMG was aware of his non-exclusive license, but was that required? Surprise, another 512(f) claim fails. Chen * Another 512(f) Claim Fails–Moonbug v. Alper Automotive v.

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Time-tracking Court Defendant Case predictions 105

Debevoise Data Blog

DECEMBER 31, 2021

In June 2020, Debevoise’s Data Strategy and Security practice group launched the Debevoise Data Blog , where we regularly publish our insights on developments and trends in cybersecurity, artificial intelligence, and privacy. To subscribe to our Data Blog, please click here.

State law 52

State law Court Legal technology Legal technology 52

Legal Tech Monitor

FEBRUARY 21, 2024

Last Friday, in a first-of-its-kind ruling, the Alabama Supreme Court held that embryos are considered people under Alabama state law. Continue reading → The post Frozen Embryos Now Considered Children: Unpacking the Alabama Supreme Court Decision and the Future of Fertility Care first appeared on Trellis.Law Blog.

Court 52

Court State law Law Law 52

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?

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

JULY 13, 2023

The court rules for Reddit on all counts. The court says Rogozinski doesn’t have priority over Reddit. The court does not credit Rogozinski’s role in creating the subreddit as a use in commerce, and Rogozinski’s other uses (such as the book title) don’t count either. State Law Claims.

Lawsuit 98

Lawsuit Court State law Law 98

Eric Goldman

FEBRUARY 7, 2024

” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. Brown’s could be trusted but undertook no actual verification procedures. The court again rejects for lack of causation. The court says all of the highlighted statements were substantially true. Consumer Protection Act.

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Lawsuit Machine learning Court Defendant 111

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. ” The court cites Force v. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

AUGUST 4, 2024

Utah passed a terrible law claiming to be “for the kids,” which are increasingly prevalent at the state level. NetChoice challenged the law in court primarily based on the First Amendment, but NetChoice also claimed that Section 230 preempts the latter three functions. The court concludes they do not.

Court 98

Court Defendant Judge State law 98

Inside Privacy

MAY 3, 2023

On April 27, 2023, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued its opinion in the case C-807/21 on the conditions for imposing GDPR fines on legal persons (e.g., Member States laws may not require this to be a pre-condition to impose a GDPR administrative fine. (2) companies).

State law 79

State law Court Data protection Law 79

Eric Goldman

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. ” Cite to ISE v.

Court 111

Court State law Litigator Litigation 111

Eric Goldman

JUNE 4, 2023

The court easily dismisses per Section 230: ICS Provider. Numerous courts have held Google is one. ” The court summarizes: “Google has immunity from her state law claims, as it cannot be held liable for search engine results showing a third party’s statement.” Publisher/Speaker Claims.

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Law Law Court State law 75

Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

Justia provides a Probate Law Center that can guide executors, heirs, and anyone else involved in the process. If needed, the probate court will appoint someone to manage the estate. Key duties of an executor include filing the will (if any) with the probate court and gathering and valuing the assets in the estate.

Law 101

Law Law Court State law 101

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). Note: the court cites Facebook v.

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Time-tracking Judge Law Law 119

Eric Goldman

AUGUST 16, 2023

The court accepts that the employer believed the works were created within the scope of employment, so the associated takedown notice wasn’t sent in bad faith. By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Shande will get his day in court.

State law 75

State law Court Litigator Litigation 75

Eric Goldman

JANUARY 12, 2024

It was an audaciously mockable pivot…and yet, the district court judge shockingly bought the argument. My angst-filled blog post on that ruling. Unfortunately, the court expresses this intuitively obvious result in a baroque, technical, and inaccessible opinion. Fortunately, the status quo has been restored.

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Court Software Litigator Litigation 98

Inside Privacy

FEBRUARY 1, 2024

In this blog post, we outline the current and forthcoming EU legislation on the international transfer of non-personal data. Note that the data localization prohibition in this Regulation applies to individual EU Member States’ laws; it does not preclude the EU from implementing data localization requirements.

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Intellectual Property State law Court Compliance 72

Eric Goldman

NOVEMBER 30, 2023

The court brushes aside of all of Source Capital’s claims. Although the counter-notice filed by Defendant stated that Defendant would accept service of process from Plaintiff, the counter-notice did not state that Defendant waived formal service requirements. Court still grants a TRO anyway…] * DP Creations LLC v.

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Defendant Court State law Lawsuit 75

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. The court also says Amazon’s permission to write reviews may conflict with the trademark restriction, another misreading.

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Defendant Law Law Court 77

Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. State laws governing debt collection sometimes extend more broadly. Justia provides a 50-state survey on fair debt collection laws and some related statutes. Will I Lose My Utilities if I Cannot Pay the Bill?

Bankruptcy 84

Bankruptcy Law Law Lawsuit 84

Inside Privacy

FEBRUARY 21, 2024

This blog post focuses specifically on the Data Act’s provision on Unfair Clauses. For more information on the Data Act, see our previous blog post. As mentioned above, a court or regulator could decide that another term (not listed in the Data Act) is unfair because, for example, it is contrary to “good faith and fair dealing”.

Compliance 57

Compliance Court State law Law 57

Justia Legal Marketing & Technology blog

NOVEMBER 19, 2024

They also may want to learn about the procedures in these situations, such as what happens during a traffic stop and in court. The Traffic Tickets Legal Center at Justia addresses substantive and procedural issues in this area of law. Drivers in most states do not have a right to a jury in traffic court.

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Prosecutor Judge Court Law 93

CaseFox

JULY 16, 2023

Today in this blog we are going to talk about top 9 free legal research tools for lawyers. If you are a legal professional, this blog is going to be very helpful to you. So take a notebook and pen and jot down all the tools that we are mentioning in this blog. You can find cases in Justia from various different courts.

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Legal research Lawyer Court Research analytics 52

Debevoise Data Blog

JANUARY 17, 2025

Data Protection Authority powers: The European Court of Justice (CJEU) has ruled that Data Protection Authorities are not obliged to exercise corrective powers in the event of a breach. The German courts referred the interpretation of GDPR to the CJEU.

Data protection 52

Data protection Compliance Court State law 52

Justia Legal Marketing & Technology blog

OCTOBER 13, 2023

The International Law Center at Justia explains this membership process and describes each of the major organs in the UN, such as the General Assembly, the Security Council, and the Secretariat. It also provides a separate discussion on the International Court of Justice , which emerged from the San Francisco Conference as well.

International law 96

International law Law Law Court 96

Justia Legal Marketing & Technology blog

NOVEMBER 5, 2024

Even if a business labels a worker as an independent contractor, they still are considered an employee if they meet the definition of this term under state law. The employer must have workers’ compensation insurance, although almost all states require most employers to sign up for this coverage.

Workers Compensation 67

Workers Compensation Law Law Defendant 67

Brett Trout

MAY 24, 2024

Whereas your freedom of speech is protected by the Constitution, your right of publicity is protected by a mix of different state laws. Depending on which state you bring your right of publicity lawsuit, you may have a lot or only a little protection. So is the award in the Waits case typical?

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Defendant Lawsuit Court State law 52

Legal Talk Network

FEBRUARY 7, 2019

Christian is the Head of Strategy at Reynen Court LLC as well as the author of the Blacklines & Billables blog which, by the way, has its own podcast. Billed as a crowdsourced problem-solving gathering of lawyers, clients, and technologists, this meeting-of-the-minds was founded by our good friend Christian Lang.

Hearing 52

Hearing Court Legal technology Legal technology 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. Both cases included a 512(f) claim, and both 512(f) claims survive the preliminary dismissal efforts. Channel 781 News v.

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Court Judge Defendant Case predictions 40

Martindale-Avvo

SEPTEMBER 8, 2023

.” September 25th is the National Day of Remembrance for Murder Victims , and it’s common knowledge in the field that many criminal justice cases are brought to court in September. Let’s break down the logic behind “murder month” in today’s blog. But what’s the reason for this uptick in cases?

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Criminal Defense Defendant Judge Attorney 59

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Lawsuit Defendant Prosecutor Court 84