Eric Goldman

FEBRUARY 21, 2023

Justice Gorsuch said that everything turns on the definition in (f)(4) of “access software provider,” an interpretation that would clearly collapse when pressed. No publisher ever wants to use “neutral” tools because the mere act of publication is, by definition, not a neutral act.

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Hearing Court Lawsuit Software 145

Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

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Lawsuit Defendant Judge Court 52

Eric Goldman

MARCH 6, 2024

If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). This judge is vexed by the definition of volitional conduct. Pixels * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v.

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Defendant Judge Lawsuit Court 119

Eric Goldman

APRIL 12, 2025

This is a rare attack on the capacious definition of a service provider, and it did not succeed. Shockingly, the plaintiff didnt contest any of the other 512 elements, so Joybuy defeats the lawsuit. March 14, 2025) This is a lawsuit against an IAP for subscriber-caused copyright infringement. After II Movie, LLC v.

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Defendant Court Lawsuit e-filing 59

Legal IT Group

OCTOBER 24, 2023

The Attorney General has the right to file an administrative lawsuit against brokers who fail to register or violate the requirements of applicable personal information protection laws and to order them to pay appropriate fines and other costs. What to prepare for now?

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Data protection Federal law Attorney Lawsuit 130

Berkley Technology Law Journal

APRIL 20, 2022

The answer should be simple, but it most definitely is not. This definition clearly deviates from the American concept of antitrust law, whose main goal is to “ensure that private agreements and actions do not interfere with free competition.” By Caio Nunes, LL.M. Cellular Telephone Co.,

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Court Lawsuit Law Law 100

Eric Goldman

OCTOBER 6, 2023

Is the attorneys’ fee shift motivating some or all of this lawsuit? Last year, ShutterStock won a very similar lawsuit in Steinmetz v. The court responds that image metadata isn’t subject to the broad industry consensus required by the statutory definition. Otherwise, this case appears to be economically irrational.

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Lawsuit Court Litigator Litigation 98

Eric Goldman

OCTOBER 5, 2024

eBay defeats the lawsuit. Presumably the downplayed language was designed to discourage class action lawsuits). For example, the EPA identified over 300k aftermarket “defeat device” listings, 5k+ listings for products containing methylene chloride , and 23k listings for violative pesticides.

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Defendant Court Lawsuit Law 105

Eric Goldman

JUNE 18, 2023

Also, the definition of “malware” itself includes vague terms, like “disruptive” and “damaging”–and an “etc.” The lawsuit’s lengthy duration and high defense cost has significant substantive implications. ” NOT HELPFUL. We should not presume that we are.”

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Court Software Judge Litigator 105

Eric Goldman

JANUARY 31, 2024

This lawsuit relates to a property foreclosure contested by the then-property owner, Choudhuri, who sued pro se. Zillow clearly meets the definition of an internet service provider.” ” This leads to an easy Section 230 dismissal. ICS Provider. ” Claim for Publishing Third-Party Content.

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Lawsuit Court Law Law 95

Berkley Technology Law Journal

JANUARY 11, 2023

However, besides Dinerstein , this space has not seen many other lawsuits. Entities whose primary business is not related to healthcare are not included within either of the definitions. Due to the high risk of data re-identification, we might expect litigation against companies innovating in the healthcare realm to be common.

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Compliance Lawsuit Court Litigator 100

Berkley Technology Law Journal

JANUARY 11, 2023

However, besides Dinerstein, this space has not seen many other lawsuits. Entities whose primary business is not related to healthcare are not included within either of the definitions. Due to the high risk of data re-identification, we might expect litigation against companies innovating in the healthcare realm to be common.

Compliance 100

Compliance Lawsuit Court Litigator 100

Eric Goldman

DECEMBER 30, 2023

The court credits the following claims by Kelly Toys: “the Alibaba Defendants were “made specifically aware of many defendants,” including “several Merchant Defendants named in this action, and their specific infringing and counterfeiting activities,” through orders in six separate lawsuits against sellers on Alibaba and AliExpress.”

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Defendant e-discovery Lawsuit Court 98

MatterSuite

NOVEMBER 24, 2024

Legal assistants may perform tasks such as sorting or filing documents, preparing appointments and calendars, including trail schedules, and contacting clients and all other parties to lawsuits. A legal assistant may also help with legal research , writing legal papers, and more, not whatever is required.

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Paralegal Legal research Document management Law firm 52

Eric Goldman

JUNE 17, 2023

is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. GitHub, Inc.

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Defendant Machine learning Lawsuit Court 132

Eric Goldman

AUGUST 21, 2023

This is one of several ideologically motivated lawsuits against YouTube for allegedly engaging in “discriminatory” content moderation. After 5 tries, the Divino LGBTQ lawsuit finally failed last month. And after a remarkable 6 tries, the Newman race-based lawsuit has now failed too ( prior blog post ).

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Court Machine learning Lawsuit Law firm 98

Eric Goldman

AUGUST 27, 2023

I think CA AB 587 is clearly unconstitutional (start here ), but this particular lawsuit is hampered by the fact that none of the plaintiffs meet the statutory definition of “social media platforms.”

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Law Law Court Lawsuit 98

Eric Goldman

MAY 18, 2023

The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. By definition, recommendations are never “passive” or “neutral.”

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Defendant Court Failure-to-appear Lawsuit 142

The North Carolina Journey of Law and Technology

FEBRUARY 1, 2024

Here’s everything you need to know about the pending lawsuit: Shein’s ‘egregious intellectual property infringement’ is ‘baked into its business model’ The Plaintiffs’ Claims Designer Krista Perry is accusing Shein of selling wall art and phone cases emblazoned with “mechanical cop[ies]” of her original artwork.

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Intellectual Property Lawsuit Defendant Court 52

Eric Goldman

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. That lawsuit also failed. ” The court says “there is no single way to display a website copy.”

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Court Software Litigator Litigation 98

Clio

SEPTEMBER 13, 2023

Here we will cover the definition of an indemnity clause, its benefits, different types of indemnity clauses, and other background facts that legal professionals should understand. Here some definitions are in order: The specific event or circumstance triggering indemnification is the “indemnification event” or “trigger event.”

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Document automation Lawsuit Defendant Software 52

Eric Goldman

JULY 25, 2023

The panel reaffirms the Luvdarts’ definition of willful blindness from the copyright context (cleaned up): Willful blindness requires (1) subjective belief that infringement was likely occurring and (2) deliberate actions to avoid learning about the infringement… the defendant must have taken active steps to avoid acquiring knowledge.

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Defendant Law Law Court 75

LawSites

APRIL 19, 2022

Hospitals … were definitely not closed. An enterprising law firm seeking to file a class-action lawsuit took up Amazon on their arbitration clause offer and generated thousands of responses to that clause, requesting arbitration. It all started with my wife and a pandemic. It was sometime around April 2020. Schools were silent.

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Document automation Lawsuit Estate planning Law firm 52

Debevoise Data Blog

APRIL 3, 2024

Moreover, as we previously wrote , Zillow is facing a securities class action lawsuit for allegedly misleading shareholders with overly optimistic claims regarding its house-pricing Zillow Offers tool. That tool used AI to estimate home prices and make cash offers for certain properties. What Might Be Considered Misleading?

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Lawsuit e-filing e-records Litigator 59

Eric Goldman

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. Supreme Court.

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Defendant Court Litigator Litigation 98

Eric Goldman

JANUARY 17, 2024

Given that UIRC “borrowed” a lot from the precedent documents, I wonder how the lawsuit would have looked if the Idaho agency had sued UIRC for copyright infringement?) Copyright Protection for Legal Documents. This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts.

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Court Lawsuit Attorney Lawyer 71

Pillsbury Law Internet and Technology blog

JULY 12, 2024

A through line can be traced from these events to the NCAA’s and “power” conferences’ recent approval of terms to settle a trio of pending antitrust lawsuits: Carter , House , Hubbard. Three years later, the idea that “paying” college athletes is against the rules seems like an echo from a distant time.

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Court Lawsuit Compliance Law 52

The Law Product Makers blog

NOVEMBER 16, 2021

Since the value-added service of an employment law practice is defending the company from employee complaints and lawsuits, a legal forms service, which reduces the employer’s risk of employee litigation, would be viewed by employers as a valuable service. My analysis is not definitive.

Law 52

Law Law Document automation Legal advice 52

Eric Goldman

AUGUST 11, 2023

July 31, 2023) This is a lawsuit over Blue Kai’s alleged keystroke logging on ESPN.com. Definitely don’t try to replicate Disney’s narrow escape if you can avoid it! Disney tries to send the case to arbitration. This opinion is wild.

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e-records Court Law Law 98

Berkley Technology Law Journal

FEBRUARY 27, 2023

So there will definitely be a politics underlying ChatGPT responses, and that’s going to be the kind of politics of computer users, mostly men, mostly kind of libertarian-ish types, and so on. .” And so they definitely have a front end approach to that, as in filtering out requests that are obnoxious.

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Machine learning Law Law Intellectual Property 100

3 Geeks and a Law Blog

AUGUST 22, 2023

In this case, this is the cause of action definition, but actually, it was a different cause of action that actually, so we started talking about how it with Kinsley so for that, and the multilink tokenization approach is that when we’re tokenizing models, which is breaking up words, so here’s an empty sequence. But it was sort of same.

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Legal AI Law firm Judge Time-tracking 130

Clio

MARCH 6, 2024

For example, has a lawsuit been filed yet, or is the litigation proceeding and discovery underway? Demand for compensation and (possibly) settlement amount Your demand letter should definitely provide some sense of the overall value of your client’s case and what could potentially be recovered at trial.

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Time-tracking Litigator Litigation Mediator 64

Debevoise Data Blog

JANUARY 8, 2024

For example, Zillow is facing a class action securities fraud lawsuit brought by its shareholders who allege that they were misled by overly optimistic claims made by the company about its house-pricing Zillow Offers tool. Not all models or algorithms qualify as AI.

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Litigator Litigation e-filing Lawsuit 52

Legal Tech Monitor

AUGUST 24, 2023

For drafting litigation content Initial prompt: “You are preparing discovery interrogatories in a personal injury lawsuit that involved an interstate highway collision of multiple vehicles including cars and tractor-trailers. Additionally, it could use segments of content from another source without permission.

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Lawyer e-discovery Lawsuit Legal research 52

The North Carolina Journey of Law and Technology

MARCH 9, 2023

One example is showcased in the recently dismissed class action lawsuit, Warmack v. This exception excludes biometric information “ captured from a patient in a health care setting” from its definitions of “biometric identifiers” and biometric information. Christian Dior, Inc.

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Machine learning Judge Court Lawsuit 52

Debevoise Data Blog

MARCH 4, 2021

VCDPA follows the CCPA and GDPR in applying a broad definition of personal data, sweeping well beyond the traditional U.S. It does not include data that has been de-identified or data that is publicly available Persons acting in either a commercial or employment context are excluded from the VCDPA’s definition of “consumer.”

Data protection 52

Data protection Law Law Compliance 52

Clio

JANUARY 30, 2024

on social media) Loss of public and client trust in your firm Malpractice allegations and lawsuits What are your ethical and regulatory obligations? Vet vendors carefully While data security ultimately falls under the ethical responsibility of lawyers, legal technology can definitely help make this easier (or harder).

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Law firm Law Law Due diligence 98