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

APRIL 25, 2025

Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s Plaintiffs further allege that D.G.s gaming has resulted in serious harm, including emotional distress, lost friends, and problems in school. addiction and Plaintiffs injuries.

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Eric Goldman

MARCH 29, 2023

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. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.

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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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Failure-to-appear Document management Time-tracking Analytics 52

Eric Goldman

AUGUST 13, 2024

This case involves the CancelWatch “blog” on Substack, which says: “We report the activists trying to ruin people’s lives and careers.” Smith has not alleged that the blog post was provided to Substack by its author for any other reason than publication. Substack is entitled to immunity. Substack Inc. ,

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Failure-to-appear Court Defendant Law 105

Eric Goldman

AUGUST 31, 2023

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 court dismissed the case without prejudice. The user tried again. Same result.

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Lawsuit Failure-to-appear Court Law 124

Eric Goldman

APRIL 24, 2025

The term “advisal” appears 29 times in this opinion, which confused me on two fronts. Important nomenclature note: the panel repeatedly refers to the call-to-action as an “ advisal.” ” The Berman opinion also used this term, but only once. First, the term is not standard for this litigation genre.

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Failure-to-appear Judge Court Litigation 52

Eric Goldman

SEPTEMBER 28, 2024

” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true. .” ” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true.

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Lawsuit Failure-to-appear Defendant Court 105

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.

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Failure-to-appear e-records Court Law 115

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

Debevoise Data Blog

MARCH 24, 2025

South Korea has become the latest country to pass a national AI law. The Basic Act on the Development of Artificial Intelligence and Establishment of Foundation for Trust (the Basic Act or the Act), which has several similarities to – and differences from – the EU AI Act, and comes into force on January 22, 2026.

Law 52

Law Law Failure-to-appear Compliance 52

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

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 Litigation 52

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.

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Lawsuit Failure-to-appear Defendant Court 98

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

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 Litigation Litigator 97

Eric Goldman

FEBRUARY 26, 2025

The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. Strict Products Liability.

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Court Defendant Failure-to-appear Lawsuit 59

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 Law 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 Litigator 105

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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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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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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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 17, 2025

[This opinion from December got stuck in my blogging queue. I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] ” In 2018, the state claimed Facebook violated the law, and Facebook stipulated to a $200k judgment. See this article.

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Law Law Court Failure-to-appear 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. So close. Cites to McCarthy v. Google opinion.

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Lawsuit Defendant Failure-to-appear Court 95

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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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

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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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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Failure-to-appear Lawyer Hearing Attorney 122

Eric Goldman

DECEMBER 26, 2023

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Where the motion to dismiss concerns questions of law, additional discovery is not required.

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Defendant Failure-to-appear Court Lawsuit 98

3 Geeks and a Law Blog

JULY 3, 2023

For the Fourth of July week, we thought we’d do something fun and probably a little weird. Greg spoke with an AI guest named Justis for this episode. Justis, powered by OpenAI’s GPT-4, was able to have a natural conversation with Greg and provide insightful perspectives on the use of generative AI in the legal industry, specifically in law firms.

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Law Law Law firm Time-tracking 285

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

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