Eric Goldman

FEBRUARY 12, 2025

Given that they are litigating 512(f), your wish was partially granted. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v.

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Court State law Litigator Litigation 59

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. But normative judgments aside, ProCD v.

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Debevoise Data Blog

SEPTEMBER 30, 2021

What is less known is that many of these states also impose substantive cybersecurity requirements. In this Debevoise Data Blog post, we examine the general cybersecurity obligations under state law, including common themes and recent developments. Since then, approximately 23 states and Washington, D.C.

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State law Law Law Compliance 52

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 ?). Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. Xcentric appeared first on Technology & Marketing Law Blog.

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State law Court Defendant Lawsuit 97

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws. NetChoice appeared first on Technology & Marketing Law Blog. I will have a more complete analysis of the cases soon.

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Court Defendant Lawsuit State law 116

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

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Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

NOVEMBER 2, 2023

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Even pro se litigants typically recognize these cases are doomed and rarely file them any more. Nextdoor appeared first on Technology & Marketing Law Blog. Nextdoor, Inc.

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Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

FEBRUARY 1, 2024

Power Ventures for the proposition that de minimis losses can state a 502 claim…belated kudos to Facebook’s litigation team for setting key Facebook-favorable precedent ] Facebook also challenged that it made sufficient “use” of the data. This sounds like the recipe for an infinite litigation machine.

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Time-tracking Judge Law Law 120

Eric Goldman

SEPTEMBER 26, 2024

Instagram appeared first on Technology & Marketing Law Blog. It would have been easy to save the list at the end of each day. You can essentially hear Judge Alsup’s teeth gnashing in the opinion. 23, 2024) The post Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v.

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Court Judge Defendant Hearing 111

Eric Goldman

FEBRUARY 21, 2025

Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v.

Intellectual Property 40

Intellectual Property Court Hearing State law 40

Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago. Google LLC , No.

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Court Software Litigator Litigation 98

Debevoise Data Blog

DECEMBER 15, 2021

On December 16, 2021, Anna Gressel and Avi Gesser from our Data Strategy and Security Group were joined by Maeve O’Connor and Jyotin Hamid of our Commercial Litigation Group for a special installment of our Data Security Webcast on artificial intelligence (AI) and cybersecurity whistleblowers.

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Litigator Litigation Compliance State law 40

Debevoise Data Blog

DECEMBER 1, 2021

Information Privacy Law. With a thorough discussion of the nuances related to advertising and tracking, this section also covers the new privacy laws impacting the industry, including updates stemming from the CCPA, the Virginia Consumer Data Protection Act (VCDPA), and the Colorado Privacy Act.

Law 52

Law Law Data protection Litigator 52

Debevoise Data Blog

APRIL 16, 2024

But the risks of irresponsible adoption of GenAI customer service chatbots, including increased litigation and reputational risk, could eclipse their promise. 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.

Court 52

Court Litigator Litigation State law 52

3 Geeks and a Law Blog

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

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Legal research Legal tech Legal tech Hearing 189

Berkley Technology Law Journal

JULY 9, 2022

And I think they could certainly be protected under both copyright, to which we typically turn to protect works of art, and also state law rights of publicity, to which we typically turn to protect people’s names, images, and likenesses. [Professor Molly Van Houweling] [11:11] Yeah, it’s a really thought-provoking question.

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Intellectual Property Law Law Court 130

Debevoise Data Blog

OCTOBER 18, 2021

For purposes of these blog posts, we focus mainly on the former use case—matching a face to a specific person for identification purposes—rather than other use cases such as emotional evaluation and lie detection. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data.

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Law Law Court Time-tracking 52

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Court Litigator Litigation Defendant 124

Justia Legal Marketing & Technology blog

SEPTEMBER 10, 2024

To be valid, a will usually must be in writing, created by a testator with legal capacity to make a will, and signed by the testator and witnesses in accordance with state law. Justia provides a 50-state survey on requirements for wills.) How Do You Prove the Validity of a Will? How Are Assets Distributed if There Is No Will?

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Law Law Court State law 279

Eric Goldman

SEPTEMBER 15, 2024

But the sender’s dereliction in this case really got to me, so it’s worth the blog post. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v.

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Time-tracking Court Defendant Case predictions 106

Eric Goldman

APRIL 29, 2023

Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Ripps appeared first on Technology & Marketing Law Blog.

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Court Failure-to-appear Lawsuit State law 106

Eric Goldman

AUGUST 16, 2023

The litigants are an employer and former employee. “Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” ” 512(f) once again wipes out state law claims, even if 512(f) doesn’t apply. Create Music Group, Inc.,

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State law Court Litigator Litigation 75

Eric Goldman

APRIL 1, 2023

Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Maritas appeared first on Technology & Marketing Law Blog.

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Court State law Litigator Litigation 112

Eric Goldman

DECEMBER 15, 2023

Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Twitter, Inc.

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Lawsuit Court Defendant Hearing 125

Eric Goldman

FEBRUARY 7, 2024

Since we affirm the district court’s rulings on the state law claims, we need not resolve the federal law cross appeal.” Letgo appeared first on Technology & Marketing Law Blog. That was an obviously problematic conclusion. Nevertheless, the Tenth Circuit dodges it: “We need not reach this issue.

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Lawsuit Machine learning Court Defendant 111

Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Last October , in Doe v.

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Lawsuit Defendant Court e-filing 112

Eric Goldman

DECEMBER 16, 2024

US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking LawsuitDoe v. US (Guest Blog Post) * Indianapolis Police Have Been Blinded Lately Because They Shut Backpage Down * Constitutional Challenge Against FOSTA FiledWoodhull v.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

NOVEMBER 30, 2023

Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Barrett Financial appeared first on Technology & Marketing Law Blog.

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Defendant Court State law Lawsuit 75

Eric Goldman

MAY 2, 2024

I never blogged that opinion for two reasons. Second, the opinion was so clearly wrong and garbled that I expected the Seventh Circuit would take the case en banc and issue a more coherent and less terrible opinion that I would then blog. I can’t bring myself to go back and blog that opinion now. Snap litigation.

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Lawsuit Defendant Court Judge 96

Debevoise Data Blog

JULY 12, 2022

Even if not enacted, its provisions are likely to influence a future federal privacy law. And, in many ways, the ADPPA may set a new minimum standard that will shape any state laws passed to fill the void left by the lack of a federal privacy law. We’ve previously written about the development of U.S. ADPPA § 302(a).

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State law Federal law Compliance Data protection 52

Debevoise Data Blog

JULY 5, 2022

Due Diligence Requirements : The Bulletin states that before utilizing any data collection method, fraud algorithm or rating/underwriting or marketing tool, insurers “must conduct their own due diligence to ensure full compliance with all applicable laws.” To subscribe to the Data Blog, please click here.

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Due diligence Compliance State law Litigator 40

Debevoise Data Blog

OCTOBER 26, 2021

Given its similarity to Illinois’s (BIPA), if the New York BPA is enacted, it would likely make New York home to a flurry of class action litigation. Unlike the Washington law, the proposed Massachusetts and New York bills contain no safe harbors for security uses. Has the company obtained those individuals’ consent?

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Compliance Federal law Data protection Machine learning 52

Berkley Technology Law Journal

DECEMBER 24, 2022

Matt also conducts public records investigations and litigates cases challenging government surveillance. Are there any examples of other states or international examples that this abuse of this data has been more hampered than here in California? Thank you for taking out the time for this and welcome to our podcast….

Attorney 100

Attorney Law Law Time-tracking 100

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case. Case Citation : Doe v.

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Lawsuit Failure-to-appear Defendant Court 65

Debevoise Data Blog

JANUARY 14, 2022

32] When Confronting Potential FTC Enforcement, Recognize That Deciding Whether to Settle or Litigate Requires a Case-by-Case Assessment of a Wide Range of Factors The vast majority of FTC consumer protection enforcement actions result in settlements. 14] Alvaro Bedoya, Privacy as Civil Right, New Mexico Law Review, Vol. 1, 2021). [13]

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Compliance Court Litigator Litigation 52

Eric Goldman

APRIL 8, 2025

The first time I blogged about them , they brought a SAD Scheme suit that initially resulted in an ex parte TRO. The second time I blogged about them , their case fell apart because their purported exclusive enforcement rights weren’t sufficient to confer copyright standing.

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Defendant Court Lawsuit State law 52

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. That’s a litigation strategy, I guess. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon.com, Inc.

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Defendant Law Law Court 78