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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

The court says that allegation isn’t enough to overcome the defendant’s subjective good faith belief, as well as the meager (if ill-informed) steps that KMC did take to adhere to copyright law. Matthew McDermott is a freelance photographer. McDermott kept the copyright to those photo and granted NY Post a license.

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

The journalists did not assert straightforward copyright infringement claims: they instead argued that OpenAI had removed copyright management information (“CMI”) before using their works to train ChatGPT, in violation of the DMCA. Raw Story Media, Inc. OpenAI Inc. , 24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. See 17 U.S.C.

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The Clock is Ticking: How to Miss Fewer Court Deadlines

Attorney at Work

After one of the clients notified him of the dismissal, the alarmed attorney filed a motion to reconsider and reinstate the case, attributing his failure to respond in a timely manner to “new filtering rules in his email inbox,” which moved the dismissal order to his junk mail folder. The firm had filed a voluntary dismissal back in 2014.

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Building a Better Law Practice: 7 Reasons to Specialize

Attorney at Work

The paper trail revealed scores of cases involving debt collection, business partnerships, estate settlements, divorce and real estate litigation. The paper trail revealed scores of cases involving debt collection, business partnerships, estate settlements, divorce and real estate litigation. All this, and he did it without a computer!

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Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Eric Goldman

The court says this implementation isn’t a sign-in-wrap because the CMG terms lacked a call-to-action: “the login through Facebook screen never informed Plaintiff that acceptance of a separate agreement was required before she could access the service, which is the defining feature of a sign-in wrap agreement.”

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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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Plaintiffs Tried to Plead Around Section 230. It Didn’t Work–Ziencik v. Snap

Eric Goldman

To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. The plaintiffs tried again, with the same result.