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 Even pro se litigants typically recognize these cases are doomed and rarely file them any more. ” The court cites Force v. Facebook , but it could have cited to any of literally hundreds of cases.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

SEPTEMBER 26, 2024

This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants. Again, the judge gave ample opportunities to plaintiffs’ counsel to prove up this claim. Again, plaintiffs’ counsel failed to find any poof. This is quintessential Judge Alsup.

Court 111

Court Judge Defendant Hearing 111

Eric Goldman

SEPTEMBER 15, 2024

July 23, 2024): the defendants allegedly falsely targeted 117k items through its copyright webform, which Google delisted based on these false premises. Google sued for equitable relief; the defendants defaulted; and the court grants an injunction against further false submittals. 27, 2024) BONUS: Google LLC v.

Time-tracking 105

Time-tracking Court Defendant Case predictions 105

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.” That was an obviously problematic conclusion.

Lawsuit 111

Lawsuit Machine learning Court Defendant 111

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.

Defendant 75

Defendant Court State law Lawsuit 75

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. ML Genius v. This leaves us with a rather deep split of authorities.

Court 98

Court Litigator Litigation Case law 98

Eric Goldman

APRIL 29, 2023

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. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

Court 105

Court Failure-to-appear Lawsuit State law 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. Link to District Circuit Decision

Court 52

Court e-discovery Defendant e-records 52

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. Link to District Circuit Decision

Court 52

Court e-discovery Defendant e-records 52

Eric Goldman

FEBRUARY 21, 2025

The TRO language doesn’t purport to apply to YouTube, nor could it unless YouTube had also been named a defendant. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v. Canning * 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown NoticesAmaretto v.

Intellectual Property 40

Intellectual Property Court Hearing State law 40

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.

Judge 98

Judge Court Defendant State law 98

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

Defendant 52

Defendant Judge Court Legal advice 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. Preparing to defend class actions. Is that notice public?

Compliance 52

Compliance Federal law Data protection Machine learning 52

Debevoise Data Blog

OCTOBER 18, 2021

State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy. 2019 IL 123186, 129 N.E.3d million settlement. May 15, 2020).

Law 52

Law Law Court Time-tracking 52

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

We’re still working through the first wave of litigation testing Congress’ poor handiwork. May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. Last October , in Doe v. Case citations : J.B.

Lawsuit 111

Lawsuit Defendant Court e-filing 111

Eric Goldman

DECEMBER 15, 2023

Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Case Citation : Doe v. Twitter, Inc.

Lawsuit 124

Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 2, 2024

Snap litigation. 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.

Lawsuit 96

Lawsuit Defendant Court Judge 96

Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.

Lawsuit 64

Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. That’s a litigation strategy, I guess. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon.com, Inc.

Defendant 77

Defendant Law Law Court 77

Eric Goldman

JANUARY 11, 2025

Kilgore might need better legal advice on copyright law…but also, see my post on the Lenz case predicting that all 512(f) defendants had to do is say “yeah, I thought about fair use” and they would get a free pass. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v.

Court 40

Court Judge Defendant Case predictions 40

Eric Goldman

FEBRUARY 8, 2025

A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (Charles) and Romelus raped Plaintiff. Defendants require all videos to contain tags. No video could be uploaded without choosing from a set of Defendants’ created tags.

Defendant 59

Defendant Lawsuit Judge Court 59

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.

Defendant 117

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.,

Defendant 59

Defendant Court Lawsuit Judge 59

Debevoise Data Blog

JANUARY 14, 2022

To establish individual liability, the FTC must show that the individual defendant participated directly in the illegal practices or had authority to control them. In order to bring an action under this provision, the FTC must establish that the defendant had actual or constructive knowledge ( e.,

Compliance 52

Compliance Court Litigator Litigation 52