Eric Goldman

MAY 17, 2024

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. It lost for two reasons: one grounded in contract law and the other external.

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Judge State law Court Federal law 130

Eric Goldman

AUGUST 27, 2024

Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” Amazon appeared first on Technology & Marketing Law Blog. Amazon Web Services Inc., 2024 WL 3842563 (W.D.

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess.

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Court Defendant Lawsuit State law 115

Eric Goldman

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. That’s what copyright law is for. This case is about punishing the Defendants for their speech. March 25, 2024).

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Court Litigation Litigator Defendant 123

Eric Goldman

MARCH 4, 2023

Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. As such, there was no objectively reasonable basis for Defendant’s to remove the case based on complete preemption by the CDA. Xcentric appeared first on Technology & Marketing Law Blog.

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State law Court Defendant Lawsuit 97

Eric Goldman

NOVEMBER 2, 2023

The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I Massachusetts’ anti-SLAPP law is old-school and narrow, so Nextdoor didn’t have the option to invoke anti-SLAPP protection. Nextdoor appeared first on Technology & Marketing Law Blog.

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Failure-to-appear Defendant Federal law Lawsuit 98

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). 27, 2024) BONUS: Google LLC v.

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Time-tracking Court Defendant Case predictions 105

Eric Goldman

SEPTEMBER 26, 2024

This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants. Instagram appeared first on Technology & Marketing Law Blog. Again, the judge gave ample opportunities to plaintiffs’ counsel to prove up this claim. Again, plaintiffs’ counsel failed to find any poof.

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Court Judge Defendant Hearing 111

Eric Goldman

FEBRUARY 21, 2025

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. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. ” PREACH!

Intellectual Property 40

Intellectual Property Court Hearing State law 40

Eric Goldman

AUGUST 4, 2024

Utah passed a terrible law claiming to be “for the kids,” which are increasingly prevalent at the state level. NetChoice challenged the law in court primarily based on the First Amendment, but NetChoice also claimed that Section 230 preempts the latter three functions. Case Citation : NetChoice LLC v.

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Court Defendant Judge State law 98

Eric Goldman

NOVEMBER 30, 2023

March 23, 2023) Plaintiff provides no argument or supporting legal authority suggesting that a Defendant who files a counter-notice pursuant to 17 U.S.C. § And, emailing the Summons and Complaint to a defendant does not satisfy Rule 4’s requirements for proper service. 512(g)(3)(D) waives formal service of process requirements.

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Defendant Court State law Lawsuit 75

Eric Goldman

FEBRUARY 7, 2024

It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.” Letgo appeared first on Technology & Marketing Law Blog. Negligence. Letgo, Inc.

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Lawsuit Machine learning Court Defendant 111

Eric Goldman

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. In addition, although the takedown notices state that the company contacting Defendants, Appdetex, is Yuga’s DMCA Agent, it does not state that the notice is a DMCA notice.

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Court Failure-to-appear Lawsuit State law 105

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

AUGUST 22, 2023

copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Nonetheless, Thaler’s lawyer has stated that they plan to appeal. The slides.

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Court Defendant State law Software 98

Eric Goldman

JULY 18, 2023

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Court Litigation Litigator Case law 98

Martindale-Avvo

SEPTEMBER 8, 2023

There are state laws that dictate avoiding “unnecessary delay,” leaving the defendant in jail for a gratuitous amount of time before they ever see a judge. If the defendant is granted bail and can afford it, they get to go home. Say that your client is arrested for murder in late July or August.

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Criminal Defense Defendant Judge Attorney 59

Brett Trout

MAY 24, 2024

Whereas your freedom of speech is protected by the Constitution, your right of publicity is protected by a mix of different state laws. Depending on which state you bring your right of publicity lawsuit, you may have a lot or only a little protection.

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Defendant Lawsuit Court State law 52

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Joshua Gilliland

JANUARY 12, 2016

Judge Jones explained that the Plaintiff’s effort to confer with the Defendant over a discovery production could “hardly” be described as done in good faith to resolve issues. The Defendants offered three attorney declarations that recounted the call, which the Plaintiff’s attorney did not dispute. Cedar Grove, at *6. Clapper, 804 F.3d

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Defendant Judge Court Legal advice 52

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. Employment law, for example, where an employee suffers discrimination.

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Litigation Litigator Dispute resolution Criminal trial 52

Debevoise Data Blog

OCTOBER 18, 2021

And what’s a company to do right now, with facial recognition opportunities presenting themselves today while the law remains a moving target? In this Part 1, we lay out the current laws governing facial recognition in the United States. The Patchwork of Current Facial Recognition Privacy Laws A.

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Law Law Court Time-tracking 52

The North Carolina Journey of Law and Technology

SEPTEMBER 21, 2023

Supporters of driverless vehicles vehemently defend the technology as “a leap forward that will keep San Francisco on the cutting edge of technology while helping more disabled people who are unable to drive to get around town and reducing the risks posed by drunk driving.”  ”  But are there laws governing their use?

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Defendant State law Court Attorney 52

Debevoise Data Blog

OCTOBER 26, 2021

This is Part 2 in a two-part series of articles about facial recognition laws in the United States. In this part, we assess where the law seems to be heading and offer some practical risk reduction strategies. Federal and State Legislation There is currently no federal law that specifically regulates biometric privacy.

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Compliance Federal law Data protection Machine learning 52

Debevoise Data Blog

JANUARY 13, 2025

A look back at 2024 shows that plaintiffs are learning from the initial wave of cases filed against AI developers, and that plaintiffs are now adapting their claimsas well as the defendants they are suingto meet the shifting legal terrain. 1] Proving Defendants Use of Training Data Inputs.

Litigator 52

Litigator Litigation Intellectual Property Defendant 52

3 Geeks and a Law Blog

JULY 11, 2023

Ellington explains that the impetus for creating SessionGuardian came from working with a law firm to secure their work with eDiscovery vendors and contract attorney staffing agencies. Sircar says law firms’ top challenges are employee issues, data retention problems, physical security risks, and insider threats.

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Law firm Time-tracking Due diligence Attorney 189

Eric Goldman

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” ” Application.

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Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. There is evidence Defendants’ conduct exceeded standard publication decisions. Superior Ct.

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Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

JULY 26, 2024

The 9th Circuit held that some foreign defendants were subject to jurisdiction. On remand, the court dismisses the remaining defendants primarily due to Section 230, with leave to amend. They then uploaded the videos (“Videos”) to adult websites operated by two of the defendants, i.e., WebGroup Czech Republic, a.s. The Lemmon v.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

DECEMBER 16, 2024

MG Freesites because the defendant in that case hosted the video and allegedly exercised other content moderation steps around it. FOSTA The plaintiff invoked the FOSTA exception to Section 230, which required the court to decide if plaintiffs to show the defendant had the higher scienter required by 1591 or the lower scienter of 1595.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

MAY 5, 2023

May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Per Reddit, the panel said yes to Q1 and no to Q2.

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Lawsuit Defendant Court e-filing 111

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. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 2, 2024

Section 230 says there can be only one defendant for those items of third-party content, and it isn’t the tertiary player Salesforce. Furthermore, an appeal of this case will go to the Fifth Circuit, and I can easily imagine they will mangle the law as they usually do. * * * Unknown Parties v. Google LLC , 2024 WL 1892291 (N.D.

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Lawsuit Defendant Court Judge 96

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior.

Lawsuit 97

Lawsuit Court Defendant Hearing 97

Legal Tech Monitor

JULY 11, 2023

Ellington explains that the impetus for creating SessionGuardian came from working with a law firm to secure their work with eDiscovery vendors and contract attorney staffing agencies. Sircar says law firms’ top challenges are employee issues, data retention problems, physical security risks, and insider threats.

Law firm 52

Law firm Time-tracking Due diligence Attorney 52

Eric Goldman

JUNE 9, 2024

Most FOSTA opinions are lengthy, but this one was short because the law was quite clear. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Backpage appeared first on Technology & Marketing Law Blog.

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Lawsuit Criminal trial Court Failure-to-appear 88