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.

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Failure-to-appear Judge Court Law 116

Eric Goldman

DECEMBER 9, 2023

Twitter’s TOS terms “clearly disclaim any responsibility for Twitter’s failure to store or transmit content.” Twitter appeared first on Technology & Marketing Law Blog. Twitter suspended the plaintiff’s Twitter account @Zay_Cipher. Conversion. ” Good Faith and Fair Dealing. .”

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Lawsuit Failure-to-appear Law Law 110

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. Facebook , Herrick v. Grindr , Cohen v. Third-Party Content.

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Failure-to-appear Defendant Judge Court 105

Eric Goldman

JUNE 7, 2024

But that is insufficient to raise an inference of actual malice, as all that those allegations plausibly suggest is a negligent failure to uncover the truth rather than a subjective awareness of falsity Nor can defendant’s alleged failure to investigate whether the photograph was of Zilis save plaintiff’s claim from dismissal.

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Failure-to-appear Defendant Lawsuit Court 98

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

JANUARY 27, 2024

To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. The plaintiffs tried again, with the same result.

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Failure-to-appear Court Litigator Litigation 97

Eric Goldman

APRIL 4, 2023

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. Google appeared first on Technology & Marketing Law Blog. This case involves a UGC anime site called Gelbooru, run by Hopson.

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Eric Goldman

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Eric Goldman

OCTOBER 17, 2023

For unexplained reasons, it does not appear that the defendants are invoking the 512 defense. Kiwi Farms, operated by Joshua Moon, is best known for coordinating cyberattacks on individuals , especially people with disabilities. CloudFlare’s block ). ” Greer emailed Moon asking to remove the book. Direct Infringement.

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Defendant Failure-to-appear Court Law 115

Eric Goldman

NOVEMBER 6, 2023

Previous blog post. ” As the court then explains, there are many circumstances where it’s perfectly appropriate to do so, and where the failure to do so would allow the putative copyright owner to weaponize the court system. The Ninth Circuit reverses. I hope the anti-dismissal sentence is rightly ignored as dicta).

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Failure-to-appear Court Lawsuit Litigation 105

Eric Goldman

OCTOBER 28, 2024

In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions go too far and are procedurally and substantively unconscionable.

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Failure-to-appear Court Defendant Law 95

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Mistakes are common in the SAD Scheme, and appeals are almost nonexistent.

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Defendant Judge Failure-to-appear Court 111

Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

Court 115

Court Failure-to-appear Judge Litigation 115

Eric Goldman

FEBRUARY 21, 2024

Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds.

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Defendant Failure-to-appear Court Judge 95

Eric Goldman

APRIL 1, 2024

But, outside the Roblox platform, there are a number of online casinos that take wagers in Robux. Those online casinos entice minors to come gamble away their Robux. Roblox processes that transaction, and it takes a cut. Some of the plaintiffs’ claims survive Roblox’s motion to dismiss. Statutory Standing. Machine Zone and Taylor v.

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Defendant Failure-to-appear Court Hearing 98

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. So close. Cites to McCarthy v. Google opinion.

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Lawsuit Defendant Failure-to-appear Court 95

Attorney at Work

AUGUST 9, 2021

Likewise, it’s better to focus on being great on one channel first, such as one social media platform or one type of content, such as a blog, videos or a podcast. I used the first edition to write my content marketing strategy. Here are a few of my takeaways from “ Content Inc., ” It’s Not About You, It’s About Your Audience.

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Intellectual Property Failure-to-appear Hearing Attorney 109

CaseFox

APRIL 2, 2023

In this blog post, we’ll explore various aspects of legal accounting that law firms need to consider. Failure to properly maintain an ILOTA account can result in severe consequences, including fines, disciplinary action, and even disbarment. As a law firm, it’s crucial to have a robust accounting system in place.

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Attorney at Work

JULY 20, 2022

Yes, business development is mainly about failure, which is one of the core reasons that many lawyers, who are competitive and like to win, don’t relish the business development process. With every failure comes the chance to learn and adapt. When it comes to personal branding for lawyers, ? a little intrapreneurship can go a long way.

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Lawyer Failure-to-appear Law firm Attorney 90

Eric Goldman

NOVEMBER 16, 2024

Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story. The court runs through multiple considerations: Defendant’s state of mind. .

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Court Defendant Failure-to-appear Litigation 102

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.] If this opinion confuses you, welcome to the club. Stratics Networks offers ringless voicemail and VOIP services. Ugh, I hated that!] OK boomer.

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Court Failure-to-appear Defendant Software 105

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. Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable.

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Court Failure-to-appear Lawsuit Judge 105

Eric Goldman

APRIL 29, 2023

I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. See this ruling for another example of the same parlor trick).

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Court Failure-to-appear Lawsuit State law 105

Attorney at Work

FEBRUARY 17, 2022

Yes, you could spend all day on Google looking for the right blogs and books to tell you the answers. If you’re having trouble finding your purpose, here’s the advice “Fit to Practice” podcaster Angela Han gives to lawyers yearning to break free. ” Many lawyers feel trapped by the career choices we’ve made.

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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.

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Failure-to-appear Defendant Court Law 98

Eric Goldman

DECEMBER 18, 2024

. “The fundamental deficiency in the claim…is a failure to point to any specific contract provision (or promise) that Facebook breached… For the same reason, 230(c)(1) is also a bar to Ms. Facebook appeared first on Technology & Marketing Law Blog. Lloyd’s breach-of-contract claim.”

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Failure-to-appear Lawsuit Court Case law 52

Eric Goldman

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). 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. Twitter, Inc. Taamneh , No.

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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. The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.” I hope it was worth the wait.] their website).

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Court Failure-to-appear Data protection Judge 109

OpenText

SEPTEMBER 16, 2024

This blog goes a bit further. Legal innovation requires a growth mindset: seeking new ways to solve problems and effectively deliver impact, value, and improve outcomes. Technology continues to evolve, giving legal practitioners new opportunities to up their game and leverage innovation to increase efficiency and efficacy. What is Legal 3.0

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Failure-to-appear Machine learning Legal tech Legal tech 69

MatterSuite

OCTOBER 25, 2024

In this blog, we are sharing the process involved in handling Social Security disability claims and the best strategies and tips for lawyers to adopt and incorporate the MatterSuite legal process automation software to increase efficiency in their law firms. That’s why it’s crucial to hire an experienced lawyer.

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Debevoise Data Blog

MAY 1, 2022

Specifically, it noted three categories of deficiencies relating to alternative data: Failure to adequately memorialize diligence processes with respect to alternative data service providers or follow such processes systematically and consistently.

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Due diligence Failure-to-appear Compliance Law 52

CloudNine

MARCH 25, 2024

Failure to meet these deadlines can result in severe consequences. Legal Compliance: Ensuring compliance with various public records laws requires agencies to navigate complex requirements, with failure leading to legal consequences. This includes staffing and technology, making it difficult to process requests efficiently.:

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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.

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Legal tech Legal tech Lawyer e-records 120

Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

Lawsuit 98

Lawsuit Court Failure-to-appear Defendant 98

Debevoise Data Blog

APRIL 14, 2021

In addition to the $3 million fine, National Securities must undertake various risk-mitigation measures in an effort to prevent future incidents. In addition to the $3 million fine, National Securities must undertake various risk-mitigation measures in an effort to prevent future incidents.

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Failure-to-appear Compliance Hearing Document management 52

Eric Goldman

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Court Failure-to-appear Lawsuit Bankruptcy 98