Above the Law - Technology

FEBRUARY 29, 2024

“So often when attorneys are writing court documents or preparing for oral arguments and they want to know what their judge thinks about different issues in their case, they have very little information to go off of. . federal courts. The company’s roadmap calls for it to eventually expand into state courts as well.

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Judge Legal tech Legal tech Lawsuit 288

Eric Goldman

MAY 24, 2023

The lawsuit claims the BPOs were TikTok’s proxies. ” The court says this may have happened here: According to the complaint, TikTok required all content moderators to use its proprietary TCS software. ” Finally, the court cites the allegations that TikTok created harm by setting unreasonable productivity standards.

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Lawsuit Court Software Hearing 105

Trellis.Law Blog

JANUARY 19, 2024

On Wednesday, a three-judge panel in the Philadelphia-based 3rd US Circuit Court of Appeals heard oral arguments regarding whether a lawsuit against social media company TitTok should be revived despite a federal law that generally shields internet platforms from liability… Continue reading → The post A Family’s Plea: Appellate Court Urged (..)

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Lawsuit Court Federal law Judge 100

Eric Goldman

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Elenis Supreme Court ruling, but I wonder how it might apply to this case.

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Lawsuit Court Machine learning Defendant 98

Above the Law - Technology

APRIL 11, 2024

It launched in 2017 to great fanfare, promising to “revolutionize legal services” through its dual-entity model of both a law firm and a technology company. While ROSS vehemently denied the allegations, the lawsuit crippled its ability to raise new financing or explore potential acquisition opportunities. LexisNexis Firm Manager.

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Legal tech Legal tech Lawsuit Analytics 290

Eric Goldman

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. The court denies a preliminary injunction. To analyze this, the court applies the standard likelihood of consumer confusion factors.

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Lawsuit Court Defendant Litigator 98

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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Lawsuit Court Defendant Failure-to-appear 102

Global LegalTech Hub

JULY 23, 2024

Recently, the Guangzhou Internet Court ruled on the infringement of intellectual property rights by the creation of AI-generated images. Guangzhou Internet Court decision In its evaluation of the copyright protection for the image, the Court first highlighted the intellectual investment made by the plaintiff.

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Intellectual Property Court Lawsuit Law 130

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. ” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. Brown’s could be trusted but undertook no actual verification procedures. The court again rejects for lack of causation. Negligence. Consumer Protection Act.

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Lawsuit Machine learning Court Defendant 111

Eric Goldman

MAY 22, 2023

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. The court dismisses the lawsuit on summary judgment. The court focuses on the likelihood of consumer confusion. The court says the call logs are ambiguous. clickthrough rate.

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Lawsuit Defendant Court Lawyer 111

Eric Goldman

AUGUST 31, 2023

The court dismissed the case without prejudice. ” Zhang tried the breach-of-contract workaround, but the court says flatly: “There is no exception under Section 230 for breach of contract claims.” 23, 2023) The post Lawsuit Over Twitter Suspension Fails Again–Zhang v. The user tried again. Same result.

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Lawsuit Failure-to-appear Court Law 124

Eric Goldman

MARCH 10, 2023

Represented by lawyers Maria Cristina Armenta and Credence Elizabeth Sol (who keep expanding their oeuvre of failed lawsuits against Internet services), Daniels claimed YouTube had to comply with 1983 because YouTube became a state actor. In 2021, the court quickly shut down that misguided argument. My blog post on that ruling.

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Lawsuit Court Litigator Litigation 111

Eric Goldman

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. The court cites the old Lycos case for the proposition that 230 applies to failure to remove, even after notice. The court adds “Recasting the defamation claim as one for negligence does nothing to save it from falling within § 230’s ambit.” Benedict v.

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Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

FEBRUARY 27, 2024

[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. Now, with a little more time to complete its analysis, the court wrote a more thorough and refined opinion preliminarily enjoining Ohio’s law requiring parental consent for children’s usage of social media. I previously blogged the TRO.

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Court Law Law Lawsuit 105

Eric Goldman

MAY 31, 2024

Microsoft’s filings made some unredacted disclosures about Medina that were repeated in an unredacted court opinion, and those documents appeared on several websites that publish court documents. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more.

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Court Defendant Lawsuit Legal research 105

Eric Goldman

OCTOBER 24, 2023

The court says that SMS’s photos clear the very low copyrightability threshold. ” Because the products are allegedly identical, the court says there are only so many ways to depict them. ” Because the products are allegedly identical, the court says there are only so many ways to depict them.

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Lawsuit Court Law Law 105

Eric Goldman

SEPTEMBER 16, 2024

The court says there’s no claim called “sexual harassment,” and it struggles to find a matching claim. The court dismisses the claim with prejudice because Reaud can’t plead around Section 230. 9, 2024) The post Facebook Defeats Lawsuit Over Allegedly Pornographic Ads–Reaud v. Facebook Inc.

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Lawsuit Court Law Law 98

Eric Goldman

JANUARY 30, 2024

, Atari sought a preliminary injunction, which the court denies because “Atari has not shown that it is likely to succeed on the merits.” ” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products.

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Lawsuit Court Judge Defendant 98

Eric Goldman

OCTOBER 5, 2023

The court says that the merchant made a descriptive “fair use” of the “emoji” term, but the court didn’t actually say that “emoji” qualifies as a descriptive trademark, instead of an arbitrary mark, for stickers. ” Trademark law does not restrict that usage.

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Court Defendant Judge Lawsuit 133

Eric Goldman

SEPTEMBER 5, 2023

With respect to the channel removal, the court says: “YouTube had no obligation to host or serve content…YouTube had the discretion to take down content that harmed its users… YouTube had the discretion to terminate channels without warning after a single case of severe abuse.” ” Cites to Daniels v.

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Lawsuit Court Litigator Litigation 98

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. As a result, the court finds that much of the lawsuit is a SLAPP. By declaring the lawsuit a SLAPP, the court concludes that Twitter misused the court system in an attempt to suppress CCDH’s speech.

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Defendant Court Litigator Litigation 105

Eric Goldman

SEPTEMBER 28, 2024

5, 2024) The post Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. Encor appeared first on Technology & Marketing Law Blog. .” 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

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The plaintiff is Nicolet Law, based in Hudson, Wisconsin with 14 offices in Wisconsin and Minnesota. However, note that Nicolet Law, a surname, isn’t registered with the USPTO and there may be questions about its secondary meaning.

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Law firm Lawsuit Law Law 105

Eric Goldman

AUGUST 20, 2023

We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. The court applies the standard three-part Section 230 test: ICS Provider. ” The court is confused. ” The court is confused. Whoa, what a flashback. Case Citation : Hicks v.

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Lawsuit Court Judge Litigation 98

Kevin O'Keefe

NOVEMBER 1, 2023

A searchable database revealed that thousands of books were used “without permission,” causing some authors to express outrage and even launch lawsuits against Meta. Bogost’s response: Whether or not Meta’s behavior amounts to infringement is a matter for the courts to decide. Permission is a different matter.

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Lawsuit Law firm Court Lawyer 264

Justia Legal Marketing & Technology blog

MAY 4, 2023

As exciting as generative AI can be, it raises certain questions involving copyright law. Federal statutes do not provide clear answers to these questions, so courts will need to confront them. Already, lawsuits involving AI-generated works have been filed in federal courts from coast to coast. However, the U.S.

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Lawsuit Intellectual Property Court Defendant 86

Eric Goldman

AUGUST 27, 2024

I believe that’s because the court and parties are battling over redactions. Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” The court shrugs its shoulders. ” Amazon also invoked Section 230.

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Lawsuit Defendant Court State law 98

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. Stripping this system down to its Internet Law basics, the defendants apparently run a walled garden app store for car modification apps. Instead, the court easily finds that the defendants qualify for Section 230 protection. It doesn’t work.

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Lawsuit Defendant Court Software 98

Eric Goldman

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Say what? ” The right answer should be “no one.” ” Uh oh.

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Lawsuit Defendant Court Litigator 129

Eric Goldman

MAY 30, 2024

The court doesn’t give him that because YouTube didn’t breach the TOS, so he’s not entitled to any remedies. May 29, 2024) The post Ninth Circuit Rejects Another Lawsuit Over Account Termination–Mercola v. YouTube appeared first on Technology & Marketing Law Blog. Case Citation: Mercola.com, LLC v.

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Lawsuit Court Law Law 98

Eric Goldman

NOVEMBER 1, 2024

He also brought a similar but unrelated lawsuit against Noel Wells). In the Bannon case, the appeals court held that Bannon’s post could qualify for anti-SLAPP protection and remanded to explore if Nelson met his pleading burdens. The court easily disagrees. Both Bannon and Bridgers filed anti-SLAPP motions to strike.

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Lawsuit Law Law Court 98

Eric Goldman

JULY 13, 2023

The court rules for Reddit on all counts. The court says Rogozinski doesn’t have priority over Reddit. The court does not credit Rogozinski’s role in creating the subreddit as a use in commerce, and Rogozinski’s other uses (such as the book title) don’t count either. State Law Claims. Undisputed.

Lawsuit 98

Lawsuit Court State law Law 98

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

FEBRUARY 14, 2024

A rare case analyzing Section 230’s intersection with admiralty law. Yet, remarkably, the court doesn’t cite the HomeAway case at all. The court cites to L.H. As usual, I cringe at the court’s “conduit” language. The case involves GetMyBoat, an online marketplace for boat rentals.

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Lawsuit Court Legal research Litigation 98

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. Not a word on this from the appellate court.

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Court Failure-to-appear Lawsuit Judge 105

Eric Goldman

MARCH 9, 2023

This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars. 32nd Annual DePaul Law Review Symposium , Chicago, April 14, 2023. The paper concludes with some ideas about ways to curb the system.

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Intellectual Property Lawsuit Defendant Judge 105

Justia Legal Marketing & Technology blog

JUNE 18, 2024

Medical malpractice cases may pose more challenges than a typical personal injury lawsuit, though. The Medical Malpractice Law Center at Justia can help patients understand the potential path ahead and some of the pitfalls that may confront them. It aims to provide some general answers to questions that patients may raise.

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Lawsuit Law Law Defendant 94