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SAD Scheme Cases Are Always Troubling–Betty’s Best v. Schedule A Defendants ?

Eric Goldman

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. As usual, the Schedule A provides threadbare information about each defendant.

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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Eric Goldman

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.”

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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. Among other defendants, he sued Microsoft for Bing search results linking to the episode. Microsoft defended on Section 230 grounds. The court agrees with Microsoft.

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Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v. Alibaba

Eric Goldman

The brand owner, Kelly Toys, sued 90 e-commerce merchants in a sealed complaint and got a TRO. For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Having broken that détente, the Alibaba defendants predictably fought back. This is an unusual move.

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Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution, if true. Stinson , at *8. Stinson , at *10-11, referencing Floyd v.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

July 31, 2023) This is a lawsuit over Blue Kai’s alleged keystroke logging on ESPN.com. Indeed, the Court can see potential problems with a defendant relying on notice via email (problems aside from whether the email gave reasonably conspicuous notice of the terms of use). HELLO UETA and E-SIGN. Walt Disney Corp.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

The Road Not Taken At this point, no lawsuit had been filed; and the dispute probably could have been, and certainly should have been, easily resolved. In April 2017, it filed a lawsuit against Goldsmith and her agency (now known as Lynn Goldsmith, Ltd., Although Goldsmith’s lawyers pleaded the discovery rule ( id.

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