Eric Goldman

MARCH 11, 2024

The court says that three aspects of the contributory copyright infringement claim survive Twitter’s motion to dismiss. The court says the tweeter does any “transmitting,” not Twitter or the viewer. The court says the tweeter does any “transmitting,” not Twitter or the viewer. Time flies.]

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Lawsuit Court Defendant Hearing 105

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). The supervising judge agrees. Volitional Conduct.

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Defendant Judge Lawsuit Court 119

Berkley Technology Law Journal

APRIL 20, 2022

The answer should be simple, but it most definitely is not. This definition clearly deviates from the American concept of antitrust law, whose main goal is to “ensure that private agreements and actions do not interfere with free competition.” District Court for the Northern District of California in Epic Games, Inc.

Court 100

Court Lawsuit Law Law 100

Eric Goldman

OCTOBER 5, 2024

eBay defeats the lawsuit. The court concludes that “to ‘sell’ an item one must either possess the physical item or its title,” neither of which eBay does. Presumably the downplayed language was designed to discourage class action lawsuits). Is eBay the “Seller”? This ruling resembles the US.

Defendant 105

Defendant Court Lawsuit Law 105

Eric Goldman

OCTOBER 6, 2023

Is the attorneys’ fee shift motivating some or all of this lawsuit? Last year, ShutterStock won a very similar lawsuit in Steinmetz v. The court responds that image metadata isn’t subject to the broad industry consensus required by the statutory definition. The court says that demand didn’t confer actual knowledge.

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Lawsuit Court Litigator Litigation 98

Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

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Lawsuit Defendant Judge Court 52

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 Litigator 105

Eric Goldman

JUNE 17, 2023

is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. The court also held that plaintiffs were permitted to proceed pseudonymously.

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Defendant Machine learning Lawsuit Court 132

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.

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Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

JANUARY 31, 2024

This lawsuit relates to a property foreclosure contested by the then-property owner, Choudhuri, who sued pro se. Zillow clearly meets the definition of an internet service provider.” ” This leads to an easy Section 230 dismissal. ICS Provider. ” Claim for Publishing Third-Party Content.

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Lawsuit Court Law Law 95

MatterSuite

NOVEMBER 24, 2024

Legal assistants may perform tasks such as sorting or filing documents, preparing appointments and calendars, including trail schedules, and contacting clients and all other parties to lawsuits. This can include preparing or handling legal papers and even assisting an attorney in court.

Paralegal 52

Paralegal Legal research Document management Law firm 52

Eric Goldman

DECEMBER 30, 2023

In an inappropriately brief 4-page ruling, the court denies the Alibaba defendants’ motion to dismiss. The court does briefly acknowledge the Second Circuit’s Business Casual v. The Business Casual court actually said YouTube didn’t have knowledge before receiving takedown notices.

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Defendant e-discovery Court Lawsuit 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.

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Law Law Court Lawsuit 98

Berkley Technology Law Journal

JANUARY 11, 2023

The court, however, focused on HIPAA’s explicit exemption for research purposes, which allows sharing of information to the extent that the identifiers are removed. Accordingly, the court held in favor of Google. However, besides Dinerstein , this space has not seen many other lawsuits.

Compliance 100

Compliance Lawsuit Court Litigation 100

Berkley Technology Law Journal

JANUARY 11, 2023

The court, however, focused on HIPAA’s explicit exemption for research purposes, which allows sharing of information to the extent that the identifiers are removed. Accordingly, the court held in favor of Google. However, besides Dinerstein, this space has not seen many other lawsuits.

Compliance 100

Compliance Lawsuit Court Litigation 100

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 11, 2023

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. The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases. Sadlock v.

e-records 98

e-records Court Law Law 98

Eric Goldman

JULY 25, 2023

The court dismissed all claims on summary judgment except contributory trademark infringement and counterfeiting. The Ninth Circuit overturns much of the lower court’s resolution. similarly, the court says that the rightsowner can put the defendant on notice of “specific infringers.” Permanent Injunction.

Defendant 75

Defendant Law Law Court 75

Eric Goldman

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. Supreme Court.

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Defendant Court Litigation Litigator 98

The North Carolina Journey of Law and Technology

FEBRUARY 1, 2024

In July of 2023, designers Krista Perry, Larissa Martinez and Jay Baron filed a complaint in California federal court, alleging that Shein’s “egregious intellectual property infringement” is “baked into its business model.” We will vigorously defend ourselves against this lawsuit and any claims that are without merit.” What’s Next?

Intellectual Property 52

Intellectual Property Lawsuit Defendant Court 52

Eric Goldman

JANUARY 17, 2024

Despite UIRC’s copyright registrations, the court says the UIRC’s edits aren’t copyrightable: UIRC did not independently create most of the language in the documents at issue. We agree with the district court that the language UIRC did draft lacks the creative expression required for copyright protection.

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Court Lawsuit Attorney Lawyer 71

LawSites

APRIL 19, 2022

Hospitals … were definitely not closed. I built a document automation app online to help people fight their tickets for free using a recent court decision that had come down in Manhattan. There were two other court decisions from just outside of the city that were persuasive as well. It all started with my wife and a pandemic.

Document automation 52

Document automation Lawsuit Estate planning Law firm 52

Pillsbury Law Internet and Technology blog

JULY 12, 2024

The landscape began to shift in 2016 when the Supreme Court ( O’Bannon ) ruled that the NCAA’s bar on student-athletes profiting from the commercial use of their name, image, and likeness (NIL) violated federal antitrust law. The Carter/House/Hubbard Settlement’s Impact on NIL Several elements of the settlement directly impact NIL.

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Court Lawsuit Compliance Law 52

3 Geeks and a Law Blog

AUGUST 22, 2023

But when you’ve got a decentralized process, like common law, where you’ve got a circuit court in the foothills of Wisconsin with one judge and one local solicitor. So those are the kind of use cases where we didn’t jump in. So regulation and legislation, lower risk because that’s a very centralized process. But it was sort of same.

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Legal AI Law firm Judge Time-tracking 130

The North Carolina Journey of Law and Technology

MARCH 9, 2023

One example is showcased in the recently dismissed class action lawsuit, Warmack v. This exception excludes biometric information “ captured from a patient in a health care setting” from its definitions of “biometric identifiers” and biometric information. Christian Dior, Inc. What was the outcome?

Machine learning 52

Machine learning Judge Court Lawsuit 52

Legal Tech Monitor

APRIL 4, 2023

The Supreme Court ruled on February 25, 2015, that state regulatory boards, composed mainly of active market participants, are not immune from antitrust liability unless actively supervised by the state government. Soon after, in June 2015, LegalZoom cited the Supreme Court decision on teeth whitening in a $10.5

Paralegal 59

Paralegal Court Lawyer Family court 59

Berkley Technology Law Journal

FEBRUARY 27, 2023

It even wrote me a funny Limerick about the Supreme Court: “ There once were nine judges supreme whose robes were a legal dream. So there will definitely be a politics underlying ChatGPT responses, and that’s going to be the kind of politics of computer users, mostly men, mostly kind of libertarian-ish types, and so on. .”

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Machine learning Law Law Intellectual Property 100

Legal Tech Monitor

AUGUST 24, 2023

For drafting litigation content Initial prompt: “You are preparing discovery interrogatories in a personal injury lawsuit that involved an interstate highway collision of multiple vehicles including cars and tractor-trailers. Additionally, it could use segments of content from another source without permission.

Lawyer 52

Lawyer e-discovery Lawsuit Legal research 52

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

Legal Tech Monitor

AUGUST 22, 2023

But when you’ve got a decentralized process, like common law, where you’ve got a circuit court in the foothills of Wisconsin with one judge and one local solicitor. So those are the kind of use cases where we didn’t jump in. So regulation and legislation, lower risk because that’s a very centralized process. But it was sort of same.

Legal AI 52

Legal AI Judge Time-tracking Lawyer 52

Justia Legal Marketing & Technology blog

DECEMBER 28, 2023

Supreme Court Center by adding biographies of each Justice. When they reach a term page, they will find one or more concise definitions of the term, written in ordinary English. 50-State Surveys Some areas of law, such as immigration and patents, consist largely of statutes, regulations, and court decisions at the federal level.

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Court Lawsuit Judge Attorney 264

Eric Goldman

FEBRUARY 15, 2025

Distribution The court says “the Forms were accessible at the URLs that plaintiff located. ” However, the court says the plaintiff has to allege actual downloading, not just the mere possibility. ” The court also rejects an implied license defense using an overly restrictive test. ” Citing Bell v.

Lawsuit 52

Lawsuit Defendant Court Judge 52

Eric Goldman

APRIL 15, 2025

The court preliminarily enjoined the law in 2023. Rather than address whether the social media platforms are engaging in expressive activity, the court focuses on the laws effects on users: Act 689 forecloses access to social media for those minors whose parents do not consent to the minors use of social media. Scrutiny Level.

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Court Lawsuit Judge Law 59

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

3 Geeks and a Law Blog

FEBRUARY 8, 2023

Damien is definitely a “big thinker” when it comes to the benefits of creating and using standards for the legal industry. Definitely, you know, it’s gonna be a great podcast when you say and more. And it’s not nearly as sexy as saying I’m going to represent you in court. So that’s what the lawsuit is.

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Litigator Litigation Time-tracking Law firm 243

Eric Goldman

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly. Google (2d Circuit) and Rosetta Stone v.

Lawsuit 98

Lawsuit Defendant Court Litigation 98

Eric Goldman

JANUARY 8, 2024

The court already sent that trademark claim to the jury ( my blog post on that ruling ). The court says the rival makes a trademark use in commerce by using the trademarks in its “metatags” (ugh). These omissions would be frustrating if the court didn’t reject the trademark owner on other grounds.

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Lawsuit Court Lawyer Litigation 98