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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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Custodian Interviews: Critical to Defensible eDiscovery in the Age of Modern Communications

CloudNine

By Rick Clark , VP of Strategic Partnerships and Marketing at CloudNine, and Melissa Weberman , Counsel and Head of eData at Arnold & Porter In todays evolving corporate data landscape, custodian interviewsearly interviews of key employees who hold relevant electronically stored information (ESI) remain a cornerstone for defensible discovery.

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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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CPPA Proposed Rulemaking Package Part 3 – Privacy Requirements

Debevoise Data Blog

Right to Know Under the CCPA, businesses are generally required to provide a consumer with a copy of their personal information that the business collected in the 12 months preceding the consumers request. In Part 2 , we discussed the Draft Regulations provisions on automated decision-making technology (ADMT).

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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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