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Another TOS Formation Failure in the 9th Circuit–Godun v. JustAnswer

Eric Goldman

The term “advisal” appears 29 times in this opinion, which confused me on two fronts. First, the term is not standard for this litigation genre. Second, the word “advisal” is not being used for its dictionary definition. ” The Berman opinion also used this term, but only once.

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Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Eric Goldman

For unexplained reasons, it does not appear that the defendants are invoking the 512 defense. Kiwi Farms, operated by Joshua Moon, is best known for coordinating cyberattacks on individuals , especially people with disabilities. CloudFlare’s block ). ” Greer emailed Moon asking to remove the book. Direct Infringement.

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The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google

Eric Goldman

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. Twitter, Inc. Taamneh , No.

Defendant 142
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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.

e-filing 105
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More Chaos in the Law of Online Contract Formation

Eric Goldman

In re: StubHub Refund Litigation , No. 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. 22-15879 (9th Cir. Citing Sellers v.

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4 Strategies for Preventing and Handling Frivolous Lawsuits

Lawmatics

According to the US legal system, a frivolous lawsuit is by definition a legal claim with no facts or basis to support it, filed by an entity or individual who is well aware that it has no legal merit. Usually these types of claims are filed specifically for strategic reasons, and often even, dare we say— absurd. for everyone involved.

Lawsuit 52
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Buy-Side vs. Sell-Side Contracts: Differences, Similarities, Opportunities, & Challenges

AXDRAFT

Definition of Buy-Side Contracts In simple words, buy-side contracts are agreements that define the receipt of goods or services in exchange for something in return, typically money. Your company’s performance can be defined by how well you sell and how you buy. New to contracting?