Eric Goldman

MARCH 22, 2025

When I started the blog, I didn’t contemplate having guest bloggers. As it turns out, about 20% of the blog posts have been made by guest bloggers. Laura Heymann (William & Mary Law) Jeffrey Hunt Angie Jin Josh King Jonathan Klinger Prof. Stacey Lantagne (now of Western New England Law) Prof. Jeff Kosseff (U.S.

Law 52

Law Law Intellectual Property Failure-to-appear 52

Eric Goldman

AUGUST 22, 2023

district court granted summary judgment for the Copyright Office in Thaler v. copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Perlmutter , No.

Court 98

Court Defendant State law Software 98

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 264

Bankruptcy Law Law Lawsuit 264

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Judge 98

Judge Court Defendant State law 98

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?

Court 98

Court Litigator Litigation Case law 98

Eric Goldman

FEBRUARY 16, 2025

The opinions came out faster than I could blog them. I’m not going to comprehensively blog each of the opinions, but I’ll round up some highlights here to get these out of my queue. I’m sure the appellate court will be eager to docket this one. The court rejected Facebook’s motion to dismiss.

Defendant 59

Defendant Court Litigator Litigation 59

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.

Court 111

Court Judge Defendant Hearing 111

Eric Goldman

FEBRUARY 12, 2025

The court refuses Temu’s preliminary injunction request. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference ClaimCopy Me That v.

Court 59

Court State law Litigator Litigation 59

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

If this happens, a consumer might be able to pursue a claim in court. The Consumer Protection Law Center offers information about these topics and others related to consumer rights. When the damages are relatively limited, a consumer might consider pursuing action in small claims court.

Mediator 244

Mediator Dispute resolution Law Law 244

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 264

International law Law Law Court 264

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

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.

Court 115

Court Defendant Lawsuit State law 115

Debevoise Data Blog

JANUARY 13, 2025

But courts may take divergent paths on those issues, especially given the fact-specific nature of many of the plaintiffs challenges, which depend not only on their specific claimed rights but also on the way each AI company has trained their model and how those models function. Showing Substantial Similarity of Generative AI Outputs.

Litigation 52

Litigation Litigator Intellectual Property Defendant 52

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.

Lawsuit 98

Lawsuit Defendant Court State law 98

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

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 130

Hearing Court Legal technology Legal technology 130

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

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 21, 2025

Invisible Narratives sought an ex parte TRO to prevent that from happening, which the court grants. The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters.

Intellectual Property 40

Intellectual Property Court Hearing State law 40

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 Federal law Defendant Lawsuit 98

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

JANUARY 30, 2024

The Work-Related Requirement To get workers’ compensation benefits, a worker must be an employee rather than an independent contractor, and they must not work in a profession that is exempt under state law. This usually starts with an administrative process, but an appeal may eventually reach state court.

Workers Compensation 244

Workers Compensation Law Law Time-tracking 244

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

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.

Law 75

Law Law Court State law 75

Justia Legal Marketing & Technology blog

FEBRUARY 22, 2023

Property division in a divorce involving a professional athlete can get complex when a court decides which payments and assets count as marital property. These allow student athletes to engage in NIL activities to the extent that this complies with state laws , as well as NCAA rules and any restrictions imposed by their conference or school.

Law 231

Law Law Federal law Attorney 231

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.

Court 98

Court Software Litigator Litigation 98

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.

Time-tracking 119

Time-tracking Judge Law Law 119

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.

Intellectual Property 72

Intellectual Property State law Court Compliance 72

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 2019) (“As courts uniformly recognize, § 230 immunizes internet services for third-party content that they publish, including false statements, against causes of action of all kinds.”). ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

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.

Legal research 52

Legal research Lawyer Court Research analytics 52

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

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?

Defendant 52

Defendant Lawsuit Court State law 52

Berkley Technology Law Journal

JULY 9, 2022

And it’s not entirely clear yet whether courts will consistently enforce, as a writing, something as easy to do as click “I agree,” for example. And so, the court held that this was in fact, a likeness, or at least protected by the law that protects against unauthorized use of likenesses.

Intellectual Property 130

Intellectual Property Law Law Court 130

Advocate's Studio

OCTOBER 15, 2018

I forgive anyone and everyone from abandoning the empty, echoing halls of AdvocatesStudio for greener and more fertile and more updated tech blog pastures. DoNotPay, a robot lawyer Chatbot app, is now promising to help people file suits in small claims court, no JD required. An Android app is coming, Browder promises.

Lawyer 52

Lawyer Hearing Court Legal advice 52

Debevoise Data Blog

APRIL 16, 2024

In this Debevoise Data Blog post, we focus on customer service chatbots and provide some practices that can help companies avoid legal and reputational risk when adopting such tools. Laws still apply when a customer is talking to a chatbot. To subscribe to the Data Blog, please click here.

Court 52

Court Litigator Litigation State law 52