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District Chief Judge Nancy Rosenstengel. ” MillerKing also failed to present facts to support its claim that DoNotPay had hurt its reputation or lessened its goodwill, the judge said. DoNotPay , remains pending in California, where the judge is considering DoNotPay’s motion to compel arbitration of the dispute.
” [The $2,500 amount was suggested by the presiding judge at a settlement conference, which the defendant turned into an offer of judgment.] Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. The New York Post story.
Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.
Judge Breyer of the Northern District of California had none of it. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it.
This includes the rules as set by rightsowners in ex parte proceedings, which can deviate widely from standard doctrine–it’s whatever the rightsowners can get the judges to agree to–and the rules set by third-party intermediaries, such as online marketplaces.
The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. Strict Products Liability.
This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?
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!
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.
District Chief Judge Nancy Rosenstengel. MillerKing also failed to present facts to support its claim that DoNotPay had hurt its reputation or lessened its goodwill, the judge said. DoNotPay , remains pending in California, where the judge is considering DoNotPay’s motion to compel arbitration of the dispute.
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.
Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. Twitter, Inc. Taamneh , No.
Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.
It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss.
“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]
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. Usually these types of claims are filed specifically for strategic reasons, and often even, dare we say— absurd. In other words, they can be a royal pain in the ….
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.
” 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.
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.
The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” and is “a description of its moderation policy.”
As usual, a key non-litigant is Rightscorp, which sent 1.3M On appeal, the Fifth Circuit upholds Grande’s liability but reverses the damages computation in a way that will save Grande a few dollars. NOCIs to Grande between 2011 and 2017. Unsurprisingly, this argument fails. Frontier, another IAP, failed with this argument elsewhere).
ACLU, saying that filtering solutions were less restrictive than server-side content controls (it took another 5 years of litigation before the challenges were fully resolved). Many recent laws essentially mirror the “protect the kids online” initiatives of the 1990s and early 2000s, all of which failed as unconstitutional.
[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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