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More Chaos in the Law of Online Contract Formation

Eric Goldman

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

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

Eric Goldman

By guest blogger Elizabeth Townsend Gard , John E. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Prutton, 22-CCB-0045 , February 28, 2023.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v.

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CES 2023: 10 Tech Trends That Will Impact Legal

TechLaw Crossroads

This year’s Show gave every appearance of being back to the full throttle pre-pandemic version. Things like legal research and e-discovery searches that can be done in natural language. I go every year, although I missed the last two years due to the pandemic. CES goes out of its way to accommodate the media. Lunch every day.

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From Artificial Intelligence to Change Management: Key Takeaways from the 2024 Future Lawyer Conference in Boston

CloudNine

” She highlighted at this conference that coming in second is still a win, contrasting it with the failure of those who merely follow the crowd like lemmings. .” ” She highlighted at this conference that coming in second is still a win, contrasting it with the failure of those who merely follow the crowd like lemmings.

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Five Decisions Illustrate How Section 230 Is Fading Fast

Eric Goldman

” I don’t know what “particular” third-party content means, but the statute doesn’t support any distinction based on “particular” and “non-particular” third-party content. .”

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