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.

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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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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.

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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.

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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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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.

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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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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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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 98

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.

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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).

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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.

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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 97

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.

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Lawsuit Court State law Law 94

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

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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.

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Law Law Court State law 103

Eric Goldman

NOVEMBER 9, 2024

The plaintiffs claim that IXL “collected and monetized the data of millions of school-age children who used the IXL platform without parental consent,” in violation of the ECPA and state law. The FTC reinforced this non-prohibition in a 2020 blog post). In any case, the court easily rejects this argument.

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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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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.

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State law Court Litigator Litigation 72

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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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

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 89

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.

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Court State law Litigation Litigator 110

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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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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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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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”.

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Compliance Court State law Law 57

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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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.

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Workers Compensation Law Law Defendant 68

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

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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CaseFox

DECEMBER 21, 2023

This blog highlights the key differences between civil and criminal litigation according to the law. Civil Litigation The term “Civil Litigation” refers to the legal process in which private parties, such as individuals or organisations, seek resolution for disputes through the law.

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Debevoise Data Blog

JANUARY 24, 2023

In addition, as the United States Supreme Court considers the bounds of what constitutes a “transformative” purpose for the sake of fair use, the legal landscape on this issue may shift. Of course, for a takedown notice to be an effective means of removing a deepfake, there must actually be copyrighted material at issue.

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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.

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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.

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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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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.

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