Court e-filing State law 
Eric Goldman
DECEMBER 13, 2023
by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.
Eric Goldman
JULY 18, 2023
Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally).
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Berkley Technology Law Journal
JULY 9, 2022
And it’s not entirely clear yet whether courts will consistently enforce, as a writing, something as easy to do as click “I agree,” for example. Or even if you haven’t, it might just be technically difficult to get the files in order to insert them somewhere else. My guess is that the answer to that will typically be, “yes.”
Clio
MARCH 14, 2024
Electronic signatures (or e-signatures) have become nearly ubiquitous in everyday life and business—from confirming your agreement to terms and conditions on a website, to using e-signature tools to sign a work contract. What is an e-signature? The ESIGN Act supersedes state laws that may conflict with the act’s provisions.
Eric Goldman
MAY 5, 2023
” My post tried to translate this statement: Underneath this anodyne conclusion, the court is impliedly making two key points: (1) users’ activities do not contribute to evaluating the defendant’s 1591 exposure, and (2) the applicable scienter to get around 230 is 1591’s “actual knowledge” requirement.
Debevoise Data Blog
JANUARY 24, 2023
Tools like Open AI’s Dall-E 2 and Stability AI’s open-source Stable Diffusion expand access to this creative power, and may further increase the ubiquity of deepfakes, while making it more and more difficult to distinguish between legitimate and fraudulent AI-generated content. Instead, states prohibit deepfakes in specific, harmful contexts.
Eric Goldman
SEPTEMBER 27, 2024
Having manufactured the requirement of that the claim must be based on “particular” content to trigger Section 230, the court says none of the claims do that. ” I’d love for the court to explain how blocking users from contacting each other on apps differs from “content moderation.”
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