Eric Goldman

JANUARY 24, 2024

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.

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Legal Tech Monitor

NOVEMBER 21, 2023

The firm based its lawsuit on DoNotPay’s claims that it allows consumers to “[f]ight corporations, beat bureaucracy and sue anyone at the press of a button,” even though it is not licensed to practice law. District Chief Judge Nancy Rosenstengel. Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v.

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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. Overall, today was a better-than-expected day for the Internet’s short-term future. [FN:

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Eric Goldman

AUGUST 11, 2023

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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TechLaw Crossroads

JANUARY 12, 2023

This year’s Show gave every appearance of being back to the full throttle pre-pandemic version. I skate to where the puck is going to be, not where it has been Wayne Gretzky Last week, I was back at the sprawling CES (formerly known as the Consumer Electronics Show) in Las Vegas. CES goes out of its way to accommodate the media.

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Eric Goldman

JUNE 20, 2023

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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Eric Goldman

JUNE 7, 2023

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Eric Goldman

JUNE 9, 2024

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal).

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Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. Doe met each man in person and was sexually assaulted and raped. Three of the men are in jail; one is on the lam. Doe sued Grindr for strict products liability, negligence, and FOSTA. The district court dismissed the case.

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Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content.

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Eric Goldman

JULY 16, 2023

Section 230’s availability in such situations is uncertain, but on appeal, a TAFS[FN] judge displays the obvious-in-retrospect bias of preferring more guns in the hands of more people, no matter how many tragic outcomes might ensue. [FN: FN: TAFS = Trump-Appointed Federalist Society judge. In this case, the answer is no.

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Eric Goldman

DECEMBER 11, 2024

[This blog post covers two decisions in the same lawsuit: the ruling on X’s initial motion to dismiss from September, which apparently never triggered my Westlaw or Lexis alerts, and then a ruling on X’s motion to dismiss the amended complaint that the court issued this week. ICS Provider. Third-Party Content.

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Eric Goldman

SEPTEMBER 27, 2024

9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. Given the tenor of these opinions, how are any plaintiffs NOT getting around Section 230 at this point? District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct. Like other cases in this genre, it goes poorly for Facebook.

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Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. For more background on this issue, see this rrcap and the links at the bottom of this post. My post on a pre-pandemic district court ruling in this case. As usual, a key non-litigant is Rightscorp, which sent 1.3M

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Berkley Technology Law Journal

OCTOBER 3, 2023

In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?

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Eric Goldman

NOVEMBER 10, 2024

[Trump came close to repealing Section 230 in the 2020 lame-duck Congressional session (while he was also busy fomenting the J6 insurrection). With him returning to the presidency, the odds are extremely high that he will finish this project and repeal Section 230 in the near future. Charles and Romelus filmed each other while they raped Plaintiff.

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