Eric Goldman

AUGUST 21, 2023

But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.”

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Court Machine learning Lawsuit Law firm 98

Eric Goldman

JUNE 14, 2024

There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

FEBRUARY 21, 2023

I remain unclear why the court granted cert in this case. The court’s exact reasoning will make a huge difference, and there are many ways it could go sideways. No publisher ever wants to use “neutral” tools because the mere act of publication is, by definition, not a neutral act.

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Hearing Court Lawsuit Software 145

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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Court Defendant Lawsuit State law 115

Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

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Court e-discovery Defendant e-filing 105

Eric Goldman

AUGUST 22, 2023

district court granted summary judgment for the Copyright Office in Thaler v. The much harder question of “how much human input is necessary to qualify the user of an AI system as the ‘author’ of a generated work” was not before the court. As one example of this, the district court pointed to Urantia Found. Perlmutter , No.

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Court Defendant State law Software 98

Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof.

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

3 Geeks and a Law Blog

NOVEMBER 14, 2023

VAILL is prioritizing partnerships across sectors – courts, law firms, legal aid organizations, alternative providers, and others – to test ideas and develop prototype AI applications that solve real legal needs. Although we definitely are a scrappy startup. They’re same thing with some courts. So so much opportunity.

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Law Law Legal education Hearing 290

Eric Goldman

JUNE 18, 2023

” Enigma challenged Malwarebytes’ classifications in court. ” Malwarebytes appealed the 9th Circuit’s ruling, first to the 9th Circuit en banc, and then to the US Supreme Court. ” Malwarebytes appealed the 9th Circuit’s ruling, first to the 9th Circuit en banc, and then to the US Supreme Court. (I

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Court Software Judge Litigation 105

Eric Goldman

APRIL 21, 2024

I wrote up a 4,000 word draft about the state court ruling, but the federal ruling came out before I finished it. I couldn’t blog just the state case without discussing the new development, so I planned to modify my blog post on the state court ruling to compare/contrast the federal ruling. It doesn’t work.

Litigation 105

Litigation Litigator Court Defendant 105

Eric Goldman

OCTOBER 22, 2024

The court says the plaintiff had standing: “Salazar’s alleged injury stems from the unauthorized disclosure of his personal viewing information, which is closely related to at least one common-law analog traditionally recognized as providing a basis for a lawsuit in American courts: public disclosure of private facts.”

Court 98

Court Lawsuit Law Law 98

Eric Goldman

SEPTEMBER 27, 2023

” A New York federal district court preliminarily enjoined the law on constitutional grounds, and the case is now on appeal to the Second Circuit. It is definitely counterintuitive to oppose transparency requirements due to our strong regulatory and social norms in favor of transparency.

Law 116

Law Law Hearing Court 116

Eric Goldman

MARCH 7, 2024

The court denied the motion. The statutory definitions say that the immunity applies only with respect to “information provided through the Internet or any other interactive computer service.” Spencer (proceeding pro se) filed a motion to dismiss on several grounds, including Section 230. ” Indeed, it does not.

Defendant 105

Defendant Court Law Law 105

Eric Goldman

JUNE 1, 2024

The court dismisses the claims on their prima facie elements as well as Section 230. “There can be no dispute that Google (and YouTube) fit within this definition. Moreover, other courts have reached the same conclusion.” ICS Provider. ” Publisher/Speaker Claim.

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Defendant Court Law Law 96

Legal Tech Monitor

DECEMBER 18, 2023

The Illinois Supreme Court recently announced amendments aimed at improving accessibility and fostering access to justice in Illinois courts for people with disabilities. The Supreme Court’s “significant amendments” to M.R. All Illinois courts must “report compliance with M.R.

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Court Judge Hearing Compliance 52

lennyesq

MARCH 23, 2024

As the court explained, the zoning board had determined that short-term rentals were not a permitted use in the single family residential district because it had concluded that a group of transient or temporary tenants did not qualify under the zoning code’s definition of a “family.” Town of Dunkirk , 221 A.D.3d

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Court Law Law 56

3 Geeks and a Law Blog

DECEMBER 26, 2023

Paul Campbell 10:54 That’s a great question, I definitely think that additional funding and resources for legal clinics will be the most critical steps because those actions will allow more low income people to receive the legal services that they need. Whitney Triplet 18:59 The biggest problem is definitely systematic.

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Law Law Analytics Attorney 286

Eric Goldman

AUGUST 2, 2024

Tortious Interference with a Business Model Before getting into the details of the court ruling, I always think it’s good to zoom out when we talk about CFAA cases to remember what’s happening from a legal and strategic perspective. According to this court, it is. Here, there was no loss that meets that definition. 1030(e)(11).

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Judge e-filing Court Defendant 98

Eric Goldman

MAY 18, 2023

Supreme Court [FN]. 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. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

JANUARY 31, 2024

Zillow clearly meets the definition of an internet service provider.” ” I cried a little seeing the court use the phrase “internet service provider” instead of the statutory term “provider of interactive computer services.” ” Claim for Publishing Third-Party Content.

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Lawsuit Court Law Law 95

3 Geeks and a Law Blog

OCTOBER 16, 2023

Greg Lambert 0:52 Yes, apparently this time in Los Angeles, we in our home, or at least an attorney related to a firm that had to explain why there was a brief submitted to the court that had multiple made up citations in there. But we’re limiting it to just the information that the court can actually consider.

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Litigation Litigator Paralegal Hearing 275

Eric Goldman

FEBRUARY 14, 2024

Yet, remarkably, the court doesn’t cite the HomeAway case at all. The court cites to L.H. As usual, I cringe at the court’s “conduit” language. As the court make clear, GMB undertakes a variety of trust and safety efforts, so it’s not a typical communications “conduit.”

Lawsuit 98

Lawsuit Court Legal research Litigator 98

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. The first question the court must resolve is whether ringless voicemails qualify as “telephone calls” for purposes of the Telemarketing Sales Rule, which prohibits deceptive or abusive telemarketing practices.

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Court Failure-to-appear Defendant Software 105

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). This judge is vexed by the definition of volitional conduct. Framing the question this way, it becomes clearer why most courts have adopted a proximate causation standard. The supervising judge agrees. Volitional Conduct.

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Defendant Judge Lawsuit Court 119

Eric Goldman

OCTOBER 5, 2024

The court concludes that “to ‘sell’ an item one must either possess the physical item or its title,” neither of which eBay does. The EZ Lynk court held that the marketplace qualified for Section 230–what I characterized at the time as “an embarrassing loss for the government.”

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Defendant Lawsuit Court Law 105

TechLaw Crossroads

JANUARY 3, 2024

I have been amazed at the knee-jerk and head in the sand reaction of many courts to the use of Gen AI by lawyers appearing before them and the use by judges. The Council offers definitions to clear up any misunderstanding about the tools. It states that there’s generally no need for courts to mandate disclosure of AI or Gen AI usage.

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Court Lawyer Judge Legal research 64

Eric Goldman

OCTOBER 17, 2023

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The appellate court revives the claim. The court says the defendants waived any fair use defense by briefing it inadequately.

Defendant 115

Defendant Failure-to-appear Court Law 115

Eric Goldman

SEPTEMBER 30, 2024

The court doesn’t include a screenshot of the online TOS formation process. The court characterizes the formation process as a “clickwrap,” which the court says usually create binding contracts. The consumer pointed to the Kauders precedent from the Massachusetts Supreme Court.

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Dispute resolution Defendant Court Judge 98

LawSites

NOVEMBER 1, 2021

Constandinos (Deno) Himonas, the Utah Supreme Court justice who spearheaded the state’s first-of-its-kind regulatory sandbox to license new forms of legal services and providers, is retiring from the court. Hammering away at the problem with the same tools is Einstein’s definition of insanity, he said. It hasn’t worked.”.

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Court Judge Law firm Litigation 52

Eric Goldman

FEBRUARY 22, 2024

With the CAS’s demise, both sides essentially bet that the courts would side with them. The appeals court rejected the vicarious claims but upheld the contributory claims. Vicarious Infringement The appeals court says that Cox lacked the requisite “direct financial interest” in subscribers’ infringements.

Defendant 119

Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

AUGUST 20, 2023

The court applies the standard three-part Section 230 test: ICS Provider. “Websites such as Facebook that facilitate the connection of countless online users to a common database and servers indeed qualify as interactive computer services… There is no serious question that Facebook fits this statutory definition.”

Lawsuit 98

Lawsuit Court Judge Litigation 98

Eric Goldman

JANUARY 12, 2024

It was an audaciously mockable pivot…and yet, the district court judge shockingly bought the argument. Unfortunately, the court expresses this intuitively obvious result in a baroque, technical, and inaccessible opinion. The district court said the “website” was the chattel. ” That’s true.

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Court Software Litigation Litigator 98

Eric Goldman

AUGUST 27, 2023

I think CA AB 587 is clearly unconstitutional (start here ), but this particular lawsuit is hampered by the fact that none of the plaintiffs meet the statutory definition of “social media platforms.” With respect to these plaintiffs, the court easily concludes they lack standing. See my amicus brief on that point.

Law 98

Law Law Court Lawsuit 98

Eric Goldman

OCTOBER 6, 2023

McGucken complained about ShutterStock’s handling of specific infringing users, but ShutterStock terminated one user on the first strike and the other on the second strike and the court’s fine with that. The court responds that image metadata isn’t subject to the broad industry consensus required by the statutory definition.

Lawsuit 98

Lawsuit Court Litigation Litigator 98

Eric Goldman

JUNE 16, 2023

LeadClick decision , which said: “Courts typically have held that internet service providers, website exchange systems , online message boards, and search engines fall within this definition.” The court responds: Roommates.com is not applicable, as the complaint here alleges that Ms.

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Defendant Litigation Litigator Court 98

Discovery Advocate

JUNE 7, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

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Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

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Court e-discovery Defendant e-records 52