Eric Goldman

NOVEMBER 2, 2023

Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.” The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I ” The court cites Force v. Massachusetts should fix that.

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Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

SEPTEMBER 26, 2024

In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. The plaintiffs’ allegations were sizzling.

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Court Judge Defendant Hearing 111

Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. State laws governing debt collection sometimes extend more broadly. Justia provides a 50-state survey on fair debt collection laws and some related statutes. Will I Lose My Utilities if I Cannot Pay the Bill?

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Bankruptcy Law Law Lawsuit 84

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

NOVEMBER 30, 2023

It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands of bogus copyright claims against their competitors. And, emailing the Summons and Complaint to a defendant does not satisfy Rule 4’s requirements for proper service.

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Defendant Court State law Lawsuit 75

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Lawsuit Defendant Prosecutor Court 84

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

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. This allows a large number of consumers who have suffered the same type of harm caused by the same defendant to pursue their claims as a group.

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Mediator Dispute resolution Law Law 68

Eric Goldman

DECEMBER 13, 2023

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with 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

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Many of those contractual anti-scraping lawsuits were successful. However, even in the United States, other ways exist to scrutinize contracts over information goods. ML Genius v.

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Court Litigation Litigator Case law 98

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance.

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Litigation Litigator Dispute resolution Criminal trial 52

Eric Goldman

JANUARY 11, 2025

I did a fairly lengthy blog post on the intersection of copyright law and city council videos a decade ago; and see this piece by Frank LoMonte about the intersection between copyright law and FOIA laws for government records. In the last month, two more copyright lawsuits over city council videos have triggered my alerts.

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Court Judge Defendant Case predictions 40

Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. 1] Proving Defendants Use of Training Data Inputs. In Millette v. OpenAI, Inc., Showing Substantial Similarity of Generative AI Outputs.

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Litigation Litigator Intellectual Property Defendant 52

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.” ” Third-Party Content. ” Application.

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Failure-to-appear Defendant Lawsuit Court 118

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.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

JUNE 9, 2024

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § 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 Criminal trial Court Failure-to-appear 88

Eric Goldman

MAY 5, 2023

May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook 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

Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. ” * Doe v.

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Defendant Failure-to-appear Court Lawsuit 98

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

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Lawsuit Defendant Court Judge 96

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.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

JULY 23, 2023

Thus, this rhetorical move doesn’t help defendants identify what conduct is clearly legal. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v.

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Lawsuit Court Defendant Hearing 97

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. ICS Provider.

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Lawsuit Court Defendant Failure-to-appear 98

Eric Goldman

SEPTEMBER 27, 2024

9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. ” State v. July 29, 2024) Similar to the DC case, the lawsuit alleges Meta addicts teens and thus violates Vermont’s consumer protection act. District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct.

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Court Lawsuit Judge Defendant 105

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.

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Defendant Lawsuit Failure-to-appear Court 117

Eric Goldman

DECEMBER 23, 2024

How can the “back-office business services” vendor be deemed the proximate cause of any harms with two other defendants in front of it? For the plaintiffs to win against Salesforce (the tertiary defendant), they will need to show that the primary and secondary defendants committed legal violations (i.e.,

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Defendant Court Lawsuit Judge 59