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A Judge Enumerates a SAD Scheme Plaintiff’s Multiple Abuses, But Still Won’t Award Sanctions–Jiangsu Huari Webbing Leather v. Schedule A Defendants

Eric Goldman

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. See ECF No.

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Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v. Alibaba

Eric Goldman

I previously blogged about one such case, where Squishmallow sued 90 e-commerce merchants in a sealed complaint and got a TRO. Alibaba and AliExpress did indeed fight back, filing a motion to dismiss that I discussed in my prior post. While that’s interesting, I’m focused on Squishmallow’s abuse of the SAD Scheme.

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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

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). By Guest Blogger Tyler Ochoa Last week, the U.S. 4th 1236 (9th Cir.

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Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)

Eric Goldman

This has been a hard case to follow online, because many of the key rulings have been filed under seal. Not only that, but this case makes it more likely that other plaintiffs and defendants will suffer lengthy, protracted litigation to reach similarly absurd conclusions. To my knowledge, it is still not public record.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. HELLO UETA and E-SIGN. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir.

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No, You Don’t Have to Read Everything

Joshua Gilliland

I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. million pages of discovery, plus 49 audio recordings, and two videos. In addition to the three attorneys of record, the defense team also includes an investigator.

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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

By guest blogger Elizabeth Townsend Gard , John E. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down.

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