Eric Goldman

FEBRUARY 17, 2024

The court says this implementation isn’t a sign-in-wrap because the CMG terms lacked a call-to-action: “the login through Facebook screen never informed Plaintiff that acceptance of a separate agreement was required before she could access the service, which is the defining feature of a sign-in wrap agreement.”

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Eric Goldman

DECEMBER 18, 2024

The district court dismissed the complaint in 2022. After more time and money at the district court, Facebook should have no problem defeating it.” ” Unsurprisingly, on remand, the district court dismisses the contract breach claim. Facebook appeared first on Technology & Marketing Law Blog.

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Eric Goldman

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? 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 appellate court revives the claim.

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Defendant Failure-to-appear Law Law 115

MatterSuite

NOVEMBER 29, 2024

An attorney’s reputation can improve based on their success or failure in communicating with clients. Here are some basic rules for successful communication with law firm clients: Enhancing a case outcomes It is common for attorneys to be more focused on a certain field of law. Use simple language where you can.

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Eric Goldman

FEBRUARY 17, 2025

I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] ” In 2018, the state claimed Facebook violated the law, and Facebook stipulated to a $200k judgment. .” In December 2024, the appeals court affirmed everything.

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Law Law Court Failure-to-appear 52

Eric Goldman

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The district court decided that JLM owned the accounts using a six-factor test it created. ” (Cite to Pierson v.

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Court Failure-to-appear Lawsuit Judge 105

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.

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Eric Goldman

MARCH 25, 2024

As a result, the court finds that much of the lawsuit is a SLAPP. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

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Eric Goldman

MARCH 22, 2025

Mark Bartholomew (Buffalo Law) Sam Bayard Prof. Law) Nyssa Chopra Prof. Stephen Diamond (Santa Clara Law) Prof. Elizabeth Townsend Gard (Tulane Law) Cary Glynn Prof. Deborah Gerhardt (North Carolina Law) Kyle Graham Franklin Graves Prof. Leah Chan Grinvald (now at UNLV Law) Prof. Lisa Ramsey (USD Law) Prof.

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Law Law Intellectual Property Failure-to-appear 52

Eric Goldman

MAY 8, 2024

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. . ” Cites to Mosha v. Facebook , Herrick v.

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Failure-to-appear Defendant Judge Court 105

Attorney at Work

MAY 20, 2022

Law specialization has become increasingly common — almost a necessity. . Abraham Lincoln, licensed to practice law in 1837 in Illinois, may be the archetypal general practice attorney. The Lincoln Legal Papers Project identified over 5,600 cases and nearly 100,000 documents related to Lincoln’s law practice.

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Law Law Estate planning Law firm 122

Eric Goldman

AUGUST 31, 2023

The court dismissed the case without prejudice. ” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. .” A Twitter user sued over his account suspension. Blog post coverage of that ruling here. The user tried again. Same result.

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Lawsuit Failure-to-appear Court Law 124

Debevoise Data Blog

NOVEMBER 12, 2024

In response to widespread concern among rights holders about the ease with which consumers could make inexpensive copies of music and movies, in 1998, Congress enacted the DMCA to bring copyright law into the Internet age. Raw Story Media, Inc. OpenAI Inc. , 24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. See 17 U.S.C.

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Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

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Eric Goldman

AUGUST 13, 2024

To get around this, Smith argued that blackmail is a crime, but the court cited Coffee v. Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” Maybe the court was thinking of Yahoo’s promise to Barnes to remove posts? Google in response.

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Failure-to-appear Defendant Court Law 105

Eric Goldman

JULY 21, 2024

Those items got indexed in Google and appeared in Benedict’s vanity searches. To get around it, Todino argued that he was suing for failure to remove the postings. (I The court cites the old Lycos case for the proposition that 230 applies to failure to remove, even after notice. ” Defamation. Harassment.

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Eric Goldman

SEPTEMBER 28, 2024

” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true. .” ” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true.

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Lawsuit Failure-to-appear Defendant Court 105

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.” Defamation.

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Clio

FEBRUARY 28, 2025

Weve written extensively on how lawyers can use AI responsibly and, as yet another court decision is released addressing lawyers use of AI, its never been more important to understand the risks and limitations of AI use. How did the court respond to the hallucinations? What does the law say about sanctions and AI hallucinations?

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Lawyer Court Failure-to-appear Legal research 52

Eric Goldman

APRIL 4, 2023

The court dismisses the lawsuit. Failure to Honor Counternotice. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. This case involves a UGC anime site called Gelbooru, run by Hopson. ” Cites to Martin v.

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MatterSuite

FEBRUARY 28, 2025

A breach may involve failure to deliver, disputed terms, or complete non-performance. In contract law, a breach can be as simple as failing to make a single payment, missing a deadline, or delaying required reporting tasks. For in-house counsel, mitigating these issues is crucial for the sustainable development of the business.

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Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. 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. SCOTUS issued two eagerly awaited decisions in the Twitter v. Twitter, Inc.

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Eric Goldman

JUNE 20, 2023

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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Eric Goldman

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. 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. Citing Sellers v.

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e-records Court Law Law 98

Eric Goldman

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . ” The court cites Force v.

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Centerbase

MARCH 31, 2025

Managing a law firm requires more than overseeing cases and delegating tasksit demands a strategic approach that balances client expectations, regulatory compliance, and operational efficiency. This law firm management guide examines key strategies and tools that drive efficiency, enhance client satisfaction, and support sustainable growth.

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Law firm Time-tracking Law Law 52

Eric Goldman

JANUARY 27, 2024

A victim flagged messages for Snapchat, allegedly to no effect, and law enforcement may have felt like Snapchat ghosted them and then dragged its feet in replying. However, Snapchat eventually turned over the perpetrators’ identities to law enforcement in both cases. The plaintiffs tried again, with the same result. Section 230.

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Eric Goldman

SEPTEMBER 29, 2023

If not, why didn’t it work and what lessons can we learn from its failure? The post SHOP SAFE Act Reintroduced, Because Some Congressmembers Really Want to Kill Online Marketplaces appeared first on Technology & Marketing Law Blog. This week, Sens. As a result, it remains terrible. What have we learned since then?

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Failure-to-appear Judge Court Law 116

Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. hiQ Labs I, 938 F.3d

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Defendant Court Failure-to-appear Litigation 126

Eric Goldman

FEBRUARY 21, 2024

” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. cite to LW v.

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Defendant Failure-to-appear Court Judge 95

Legal Tech Monitor

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v. District Chief Judge Nancy Rosenstengel.

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Court Lawyer Lawsuit Failure-to-appear 52

Eric Goldman

NOVEMBER 6, 2023

Watch it at [link] Despite the obvious overlaps, the district court ruled for Epic because it thought the emote took such a small amount of the dance and short dance routines aren’t protected by copyright. This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic.

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Eric Goldman

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts. Second, the SAD Scheme is swallowing up the rest of trademark law.

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Attorney at Work

JUNE 6, 2022

How have law firms supported their clients during the COVID-19 pandemic? While law firms may not have all the answers — let’s face it, there is no playbook for this — firms that are flexible, agile and innovative can best serve their clients and stand apart from their competition. Anticipating Changing Needs.

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Eric Goldman

JUNE 4, 2024

If you’re relatively new to Internet Law, Lady Freethinker’s arguments may sound like a clever legal approach. AOL from 2003, a case I still include in my Internet Law casebook. ” The TOS provides additional details about what YouTube considers impermissible animal abuse. But not at the expense of Section 230!)

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Eric Goldman

APRIL 29, 2023

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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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Ratermann v.

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