Eric Goldman

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. Despite the importance of those Fall 2023 rulings, I never blogged either. I then pivoted to cover both in the same blog post, but that was too big a project for my time window and it stalled out. My coverage of the federal court non-dismissal will forevermore remain in blog purgatory.

Lawsuit 76

Lawsuit Court Defendant Failure-to-appear 76

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 76

Lawsuit Court Failure-to-appear Defendant 76

Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

Lawsuit 52

Lawsuit Judge Court Failure-to-appear 52

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.

Failure-to-appear 88

Failure-to-appear Defendant Federal law Lawsuit 88

Eric Goldman

APRIL 4, 2023

The court dismisses the lawsuit. 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. ” Cites to Martin v.

Failure-to-appear 75

Failure-to-appear Court Lawsuit Lawyer 75

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 84

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 106

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 70

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).

Court 98

Court Failure-to-appear e-discovery e-records 98

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. As a result, the court finds that much of the lawsuit is a SLAPP. By declaring the lawsuit a SLAPP, the court concludes that Twitter misused the court system in an attempt to suppress CCDH’s speech.

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Defendant Court Litigator Litigation 94

Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. For more background on this issue, see this rrcap and the links at the bottom of this post. My post on a pre-pandemic district court ruling in this case. As usual, a key non-litigant is Rightscorp, which sent 1.3M

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Court Failure-to-appear Defendant Lawsuit 90

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising.

Court 103

Court Failure-to-appear Lawsuit State law 103

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.

Court 88

Court Failure-to-appear Lawsuit Judge 88

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.

Court 88

Court Failure-to-appear Lawsuit Bankruptcy 88

Eric Goldman

JULY 11, 2023

The court dismisses the lawsuit against Amazon. Speedpera, CC BY 4.0, via Wikimedia Commons This case involves the tragic suicide of two teenagers, both of whom died by consuming sodium nitrite they purchased from a third-party Amazon merchant (Loudwolf). However, in undiluted form, it’s toxic.

Failure-to-appear 70

Failure-to-appear Court Lawsuit Law 70

Eric Goldman

MAY 18, 2023

The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. Overall, today was a better-than-expected day for the Internet’s short-term future. [FN:

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Defendant Court Failure-to-appear Lawsuit 141

Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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Litigator Litigation Defendant Failure-to-appear 52

CaseFox

JUNE 29, 2023

If you’re eager to delve deeper into the world of legal motion, this blog can be helpful for you. In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims. Motion for Summary Judgment A motion for summary judgment is a legal request that one party makes in a lawsuit.

Client Intake 52

Client Intake Court Defendant Failure-to-appear 52

AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

Failure-to-appear 52

Failure-to-appear Compliance Lawyer Legal tech 52

Eric Goldman

FEBRUARY 22, 2024

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. If 512(a) provided full immunity, the Copyright Alert System was unnecessary and pernicious to both IAPs and their subscribers.

Defendant 112

Defendant Court Failure-to-appear Lawsuit 112

Eric Goldman

AUGUST 11, 2023

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.

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e-records Court Law Law 80

CaseFox

JUNE 3, 2023

In this blog, we will explore the importance of PCI compliance for lawyers and law firms, the requirements for achieving compliance, and the risks associated with non-compliance. As technology advances, the risk of cyber threats and security breaches has increased. Why Is PCI Compliance Crucial For Law Firms?

Compliance 52

Compliance Law firm Law Law 52

Eric Goldman

JUNE 11, 2023

I’m blogging this ruling mostly for completeness. I’ve blogged so many pro se lawsuits by suspended Twitter users and they all end the same. June 8, 2023) The post Section 230 Ends Another Suspended Twitter User’s Lawsuit–Zhang v. Twitter appeared first on Technology & Marketing Law Blog.

Lawsuit 106

Lawsuit Failure-to-appear Court Law 106

Eric Goldman

JUNE 9, 2024

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § Doe claims she was sex-trafficked on Instagram. 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.”

Lawsuit 60

Lawsuit Criminal trial Court Defendant 60

Eric Goldman

JUNE 7, 2023

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Debevoise Data Blog

NOVEMBER 4, 2024

The complaint was brought under the FCA’s qui tam provisions, whereby a private citizen can bring a lawsuit on behalf of the government. The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures.

Compliance 52

Compliance Failure-to-appear Lawsuit Court 52

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.

Defendant 93

Defendant Failure-to-appear Court Lawsuit 93

Eric Goldman

OCTOBER 27, 2024

“several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” She now has something in common with another more-famous Kennedy politician–an unsuccessful lawsuit against Facebook. 23, 2024).

Lawsuit 77

Lawsuit Failure-to-appear Defendant Court 77

Eric Goldman

JULY 16, 2023

My blog post on the district court rulings. But the failure to prevent unlawful conduct is alone insufficient to state a claim for aiding and abetting. Armslist publishes users’ classified ads for guns. Two estates sued Armslist for allegedly facilitating illegal gun sales that led to murders. In this case, the answer is no.

Lawsuit 78

Lawsuit Court Failure-to-appear Judge 78

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content.

Lawsuit 87

Lawsuit Court Defendant Failure-to-appear 87

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.

Defendant 94

Defendant Lawsuit Failure-to-appear Court 94

Eric Goldman

SEPTEMBER 27, 2024

Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. 9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct.

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Court Lawsuit Judge Defendant 93

Berkley Technology Law Journal

OCTOBER 3, 2023

In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?

Failure-to-appear 52

Failure-to-appear Court Defendant Federal law 52

Eric Goldman

JANUARY 26, 2024

The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Further, the disparagement agreement is not limited by common-law defamation requirements. * LEXIS 125429 (M.D.

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