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Statement on the Supreme Court’s Ruling in Moody v. NetChoice

Eric Goldman

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.

Court 115
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Court Says No Human Author, No Copyright (but Human Authorship of GenAI Outputs Remains Uncertain) (Guest Blog Post)

Eric Goldman

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.

Court 98
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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?

Court 105
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Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

Eric Goldman

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.

Court 98
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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

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.

Court 52
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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

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.

Court 52
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Justia Legal Resources: Workers’ Compensation Law Center

Justia Legal Marketing & Technology blog

Even if a business labels a worker as an independent contractor, they still are considered an employee if they meet the definition of this term under state law. The employer must have workers’ compensation insurance, although almost all states require most employers to sign up for this coverage.