Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. I’m sure the appellate court will be eager to docket this one. A reminder: this lawsuit is a battle royale. They will need to clear their calendar.

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Defendant Court Litigator Litigation 59

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Court Litigator Litigation Defendant 123

Eric Goldman

SEPTEMBER 26, 2024

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. Instagram appeared first on Technology & Marketing Law Blog. Case Citation : Dangaard v. LEXIS 171462 (N.D.

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Court Judge Defendant Hearing 111

Eric Goldman

FEBRUARY 12, 2025

Given that they are litigating 512(f), your wish was partially granted. The court refuses Temu’s preliminary injunction request. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. This time, the pugilists are fast-fashion marketplaces Shein and Temu.

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Court State law Litigator Litigation 59

Eric Goldman

JULY 1, 2024

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.

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Court Defendant Lawsuit State law 115

Eric Goldman

MARCH 4, 2023

He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. Ripoff Report removed the case to federal court. The plaintiff successfully remanded the case back to state court and got some of its attorneys’ fees covered.

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State law Court Defendant Lawsuit 97

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

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Litigation Litigator Dispute resolution Criminal trial 52

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). Note: the court cites Facebook v.

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Time-tracking Judge Law Law 119

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. ” The court cites Force v. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I

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Failure-to-appear Defendant Federal law Lawsuit 98

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

SEPTEMBER 15, 2024

As a result, UMG apparently makes the blanket assumption that it owns every element of a sound recording in its catalog, leading to overenforcements like this one where it apparently is enforcing its status as a non-exclusive licensee of the beat (which copyright law doesn’t permit). Chen * Another 512(f) Claim Fails–Moonbug v.

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Time-tracking Court Defendant Case predictions 105

Discovery Advocate

JUNE 7, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

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Discovery Advocate

JUNE 8, 2023

In re Pork Antitrust Litig. , Further, employers should examine their bring-your-own-device (BYOD) policies to ensure that what is or is not company data is well defined according to their business, regulatory and litigation needs. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.

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Court e-discovery Defendant e-records 52

Eric Goldman

FEBRUARY 7, 2024

” 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. The court says all of the highlighted statements were substantially true. Consumer Protection Act.

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Lawsuit Machine learning Court Defendant 111

Eric Goldman

FEBRUARY 21, 2025

Invisible Narratives sought an ex parte TRO to prevent that from happening, which the court grants. The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters.

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Intellectual Property Court Hearing State law 40

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

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Court Litigator Litigation Case law 98

Martindale-Avvo

FEBRUARY 14, 2024

Well, a prenup is somewhat like an insurance policy to hopefully protect marrying parties from protracted, expensive and emotional litigation if for some reason the marriage does not work out. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients.

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Attorney Divorce lawyer Law Law 111

Eric Goldman

AUGUST 16, 2023

The litigants are an employer and former employee. The court accepts that the employer believed the works were created within the scope of employment, so the associated takedown notice wasn’t sent in bad faith. Shande will get his day in court. This includes a 512(f) claim. The 512(f) claim fails. Case Citation : Shande v.

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State law Court Litigator Litigation 75

Eric Goldman

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. ” Cite to ISE v.

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Court State law Litigator Litigation 111

Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago.

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Court Software Litigator Litigation 98

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. MK has not alleged any lost revenue or added expenditures as a result of DNP’s conduct,” wrote U.S.

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Court Lawyer Lawsuit Failure-to-appear 52

Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. But the content that they’re trying to protect isn’t theirs—it belongs to their users. LinkedIn Corp.

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Intellectual Property Court Litigator Litigation 98

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.

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Judge Court Defendant State law 98

Eric Goldman

NOVEMBER 30, 2023

The court brushes aside of all of Source Capital’s claims. Although the counter-notice filed by Defendant stated that Defendant would accept service of process from Plaintiff, the counter-notice did not state that Defendant waived formal service requirements. Court still grants a TRO anyway…] * DP Creations LLC v.

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Defendant Court State law Lawsuit 75

Eric Goldman

MARCH 22, 2025

Laura Heymann (William & Mary Law) Jeffrey Hunt Angie Jin Josh King Jonathan Klinger Prof. Stacey Lantagne (now of Western New England Law) Prof. Christa Laser (Cleveland State Law) Prof. Yassine Lefouili (Toulouse School of Economics) David Levine (Elon Law) Yoram Lichtenstein Prof. Jeff Kosseff (U.S.

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Law Law Intellectual Property Failure-to-appear 52

Joshua Gilliland

JANUARY 12, 2016

Instead, the Court dressed down the attorneys on their meet and confer efforts: This discovery dispute has quickly transformed into a behemoth, replete with competing and disputed descriptions of at the Parties’ efforts to meet and confer. The Court found that “unacceptable.” 23, 2015, No. C14-1443RAJ) 2015 U.S.

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Defendant Judge Court Legal advice 52

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. And so, the court held that this was in fact, a likeness, or at least protected by the law that protects against unauthorized use of likenesses.

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Intellectual Property Law Law Court 130

Legal Expert Connections

DECEMBER 1, 2018

Most worrisome to many legal ethics experts is the fact that the involvement of these attorneys is often hidden from the client, the class, and even the court. These referral fee arrangements are particularly useful to class action law firms as a method of avoiding competition amongst other firms that desire the role of lead counsel.

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Law Law Law firm Legal advice 52

Debevoise Data Blog

APRIL 16, 2024

But the risks of irresponsible adoption of GenAI customer service chatbots, including increased litigation and reputational risk, could eclipse their promise. Laws still apply when a customer is talking to a chatbot.

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Court Litigator Litigation State law 52

3 Geeks and a Law Blog

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

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Legal research Legal tech Legal tech Hearing 189

Wisblawg

JANUARY 16, 2024

Evaluating the significance, legality, and desirability of legislative vetoes must start with an understanding of the existing legal landscape, including the wide array of state law provisions and court decisions across the country. In other states, direct litigation over the mechanism seems not to have occurred.

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Prosecutor Law Law Court 40

Debevoise Data Blog

OCTOBER 18, 2021

Compensatory damages or damages between $200 and $1,000 are authorized for each unlawful sale, as are reasonable attorneys’ fees and court costs. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. See Vance v. Amazon.com Inc. , C20-1084JLR, 2021 WL 1401633, at *2 (W.D.

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Law Law Court Time-tracking 52

Debevoise Data Blog

OCTOBER 26, 2021

Given its similarity to Illinois’s (BIPA), if the New York BPA is enacted, it would likely make New York home to a flurry of class action litigation. Unlike the Washington law, the proposed Massachusetts and New York bills contain no safe harbors for security uses. Has the company obtained those individuals’ consent?

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Compliance Federal law Data protection Machine learning 52

Legal Tech Monitor

FEBRUARY 29, 2024

And while I think some of the most exciting use cases for this technology is uploading your own documents, right, we were talking before we started about, you know, pointing it at all of the documents in your litigation, the transcripts, the correspondence, discovery, etc. That is at the heart of litigation. So that’s part one.

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Legal research Legal tech Legal tech Hearing 52

LawSites

SEPTEMBER 21, 2021

The legal analytics platform Lex Machina , which is owned by LexisNexis, has added a module for litigation involving claims under the Americans with Disabilities Act, as well as claims under related state laws. . In addition, Lex Machina has been gradually expanding its coverage of state courts. District Court.

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Analytics Court Litigator Litigation 72

Eric Goldman

DECEMBER 16, 2024

The appellate court refers to Doe’s behavior as “ capping.” The court dismissed the case on Section 230 grounds. Knowing CSAM Possession The district court dismissed the CSAM civil claim on Section 230 grounds. The 11th Circuit affirms, but relies only partially on Section 230 grounds.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. Both parties appealed to the Ninth Circuit.

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Lawsuit Court Defendant Hearing 124