Definition Failure-to-appear Litigation 
Eric Goldman
OCTOBER 17, 2023
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.
Eric Goldman
APRIL 29, 2023
The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising.
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Eric Goldman
MAY 30, 2023
The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.
Lawmatics
SEPTEMBER 13, 2023
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.
Eric Goldman
MAY 18, 2023
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.
Eric Goldman
MARCH 29, 2023
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.
Eric Goldman
AUGUST 11, 2023
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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