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Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Eric Goldman

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.

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Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Eric Goldman

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. “Kiwi Farms users provided a Google Drive link to a full copy of Mr. Greer’s book.” The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. CloudFlare’s block ).

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based.

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“Ringless Voicemail” Vendor Wins Section 230 Defense Against FTC–US v. Stratics Networks

Eric Goldman

[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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The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google

Eric Goldman

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.

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Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Eric Goldman

A: because they spend so much time in court proceedings). Protip: if you want to win in court, don’t self-describe as an “appropriation artist”). The court treats Ripps’ collection as competing against and putting downward price pressure on the original NFTs. Q: why are the apes so bored?

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Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

Eric Goldman

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.

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