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

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

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

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.

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Lawsuit Defendant Court Litigator 98

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.”

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Court Lawsuit Law Law 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

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.

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Defendant Lawsuit Court Law 105

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

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 Lawsuit Machine learning 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

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 Lawsuit Court 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

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: A: because they spend so much time in court proceedings). In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. Q: why are the apes so bored? Alper Automotive v.

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Court Failure-to-appear Lawsuit State law 105

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 85

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

Eric Goldman

MAY 30, 2023

The professional/personal distinction remains hot for politicians using social media–that issue is headed to the Supreme Court). The court doesn’t endorse this test. The court doesn’t endorse this test. The Court will also likely consider ‘control’ as a significant determining factor.”

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Court Failure-to-appear Lawsuit Bankruptcy 98

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.

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Defendant Court Failure-to-appear Lawsuit 119

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 Litigator Litigation 98

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

JUNE 22, 2023

If my blog qualifies as an eligible DJP, the definition of DJPs is surely over-inclusive. Does the definition only include CPM-based revenue? In other words, any editorial decision that is adverse to any DJP creates a non-trivial risk of a lawsuit alleging that the decision was retaliatory.

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Intellectual Property Court Lawsuit Litigator 105

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.

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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.

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Defendant Law Law Court 75

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?

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Intellectual Property Lawsuit Defendant Court 52

Eric Goldman

DECEMBER 19, 2023

I previously covered the district court ruling in this case. Nevertheless, the plaintiff has pursued additional defendants, including the school district (that lawsuit failed) and Snap. The court says simply that the plaintiff’s “argument is contrary to the law of our circuit” (cites to Doe v.

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Judge Court Defendant Lawsuit 98

3 Geeks and a Law Blog

APRIL 7, 2023

Roger’s comic book provides a visual representation of each individual definition in the statute, making it easier for students to understand complex legal concepts. So I decided, let’s do copyright one on one, which is literally the section where all the definitions are. And how have courts done something about it.

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Intellectual Property Hearing Law Law 246

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

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

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.

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Court Lawsuit Law Law 40

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.

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Document automation Lawsuit Estate planning Law firm 52

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.

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Paralegal Legal research Document management 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

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.

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Compliance Lawsuit Court Litigator 40

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

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.

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Compliance Lawsuit Court Litigator 40