Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.” US Weekly published two articles on the story and posted to Instagram. Defamation.

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Failure-to-appear Defendant Lawsuit Court 91

Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

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Lawsuit Court Failure-to-appear Defendant 81

Eric Goldman

JUNE 14, 2024

Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts. Ultimately, I understand why the school districts joined the lawsuit–on the can’t hurt, might help theory that maybe they could get a little money for no additional work on their part.

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“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]

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Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

Failure-to-appear 93

Failure-to-appear Defendant Federal law Lawsuit 93

Eric Goldman

APRIL 4, 2023

The court dismisses the lawsuit. Failure to Honor Counternotice. The court says Google’s “alleged failure to comply with § 512(g) does not create direct liability for any violation of plaintiffs’ rights. Google appeared first on Technology & Marketing Law Blog. ” Cites to Martin v.

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Brett Trout

MAY 30, 2024

Design patents protect the overall appearance, visual impressions, artistry, and style of ornamental subject matter. When combining these secondary designs they had to be “so related [to the Rosen reference] that the appearance of certain ornamental features in one would suggest the application of those features to the other.”

Failure-to-appear 52

Failure-to-appear Court Lawsuit Litigator 52

Eric Goldman

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. Second, the SAD Scheme is swallowing up the rest of trademark law.

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Defendant Judge Failure-to-appear Court 109

Eric Goldman

FEBRUARY 21, 2024

Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds.

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Defendant Failure-to-appear Court Judge 74

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. As a result, the court finds that much of the lawsuit is a SLAPP. By declaring the lawsuit a SLAPP, the court concludes that Twitter misused the court system in an attempt to suppress CCDH’s speech.

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Defendant Court Litigator Litigation 98

Eric Goldman

NOVEMBER 6, 2023

” As the court then explains, there are many circumstances where it’s perfectly appropriate to do so, and where the failure to do so would allow the putative copyright owner to weaponize the court system. Previous blog post. The Ninth Circuit reverses. I hope the anti-dismissal sentence is rightly ignored as dicta).

Failure-to-appear 89

Failure-to-appear Court Lawsuit Litigator 89

Eric Goldman

OCTOBER 13, 2024

This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. Grande made a bizarre argument that Grokster overrode decades of common law contributory copyright infringement doctrine, leaving only the inducement doctrine in place. NOCIs to Grande between 2011 and 2017.

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Court Failure-to-appear Defendant Lawsuit 94

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising.

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CaseFox

JUNE 3, 2023

In today’s digital era, lawyers and law firms are embracing online platforms not only for case management but also for accepting payments. This makes it crucial for law firms to prioritize the protection of sensitive payment information. This makes it crucial for law firms to prioritize the protection of sensitive payment information.

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Compliance Law firm Law Law 52

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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Court Failure-to-appear Lawsuit Judge 93

MatterSuite

APRIL 24, 2024

Lawsuits can happen to anyone, even the most skilled lawyers. A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. Here are the top 8 benefits of malpractice insurance for lawyers.

Lawyer 52

Lawyer Lawsuit Defendant Failure-to-appear 52

Eric Goldman

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Court Failure-to-appear Lawsuit Bankruptcy 92

Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. FN: I say the 2023 Super Bowl because the Supreme Court necessarily will be taking Internet Law cases every term for the foreseeable future, and each new Internet Law case they take has the capacity to rock our world.] Supreme Court [FN]. Taamneh and Gonzalez v.

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Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. Citing Sellers v.

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e-records Court Law Law 85

Eric Goldman

JUNE 17, 2023

is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. GitHub, Inc.

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Defendant Lawsuit Court Machine learning 132

Eric Goldman

JULY 11, 2023

The court dismisses the lawsuit against Amazon. Speedpera, CC BY 4.0, via Wikimedia Commons This case involves the tragic suicide of two teenagers, both of whom died by consuming sodium nitrite they purchased from a third-party Amazon merchant (Loudwolf). However, in undiluted form, it’s toxic.

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MatterSuite

APRIL 24, 2024

Lawsuits can happen to anyone, even the most skilled lawyers. A 2023 study by the American Bar Association found that 49% of lawyers have been sued for malpractice at some point in their careerGetting malpractice insurance is crucial for the success of your law firm. Here are the top 8 benefits of malpractice insurance for lawyers.

Lawyer 52

Lawyer Failure-to-appear Lawsuit Compliance 52

Law Technology Today

APRIL 11, 2023

It can also lead to legal consequences and irreparable damage to a business’s reputation. As a small business owner, it is crucial to understand the potential risks and costs associated with identity theft and take proactive measures to protect your business. Even small businesses are not spared. The most common method of attack is phishing.

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Data protection Failure-to-appear Software Lawsuit 80

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.

Legal tech 52

Legal tech Legal tech Lawsuit Litigator 52

Eric Goldman

FEBRUARY 22, 2024

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. If 512(a) provided full immunity, the Copyright Alert System was unnecessary and pernicious to both IAPs and their subscribers.

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Defendant Court Failure-to-appear Lawsuit 115

AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

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Failure-to-appear Compliance Lawyer Legal tech 52

CaseFox

JUNE 29, 2023

Whether you are a lawyer, firm, or law student, it is important to know about legal motions. In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims. Motion for Summary Judgment A motion for summary judgment is a legal request that one party makes in a lawsuit.

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Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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Litigator Litigation Defendant Failure-to-appear 52

Legodesk

NOVEMBER 21, 2021

In today’s digital time, law firms have access to more data than ever before. In today’s digital time, law firms have access to more data than ever before. For law firms that don’t have a data management plan, some important information is compelled to fall through the cracks and not ever make it to the client’s file.

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Lawyer Document management Time-tracking Software 52

Eric Goldman

JUNE 11, 2023

I’ve blogged so many pro se lawsuits by suspended Twitter users and they all end the same. June 8, 2023) The post Section 230 Ends Another Suspended Twitter User’s Lawsuit–Zhang v. Twitter appeared first on Technology & Marketing Law Blog. I’m blogging this ruling mostly for completeness.

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Lawsuit Failure-to-appear Court Law 111

Eric Goldman

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No. 21-869 (May 18, 2023). 569 (1994).

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Court Failure-to-appear e-discovery e-records 98

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. § Most FOSTA opinions are lengthy, but this one was short because the law was quite clear. Doe claims she was sex-trafficked on Instagram. ” Cite to Lemmon v.

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Lawsuit Criminal trial Court Defendant 63

Eric Goldman

JUNE 7, 2023

The plaintiffs claim that, “by enabling the transmission of ephemeral content on the application, Defendants facilitate the exchange of CSAM, and that Snap’s design of the application assists users in ‘evad[ing] supervision by legal guardians or law enforcement.'” Snap workaround.

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Debevoise Data Blog

NOVEMBER 4, 2024

The complaint was brought under the FCA’s qui tam provisions, whereby a private citizen can bring a lawsuit on behalf of the government. The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures.

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Compliance Failure-to-appear Lawsuit Court 52

Martindale-Avvo

AUGUST 9, 2023

Real estate law is filled with legislation, contracts, and regulations. Real Estate Law Real estate law creates the boundaries, requirements, and procedures for property transactions. Examples of property transactions that fall under real estate law include buying and selling property, financing, and leasing.

Estate lawyer 52

Estate lawyer Law Law State law 52

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss.

Defendant 96

Defendant Failure-to-appear Court Lawsuit 96

Eric Goldman

OCTOBER 27, 2024

“several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” ” The court responds: “Plaintiff cannot sue Defendant based on what she thinks the law should—but does not—say.”

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Lawsuit Failure-to-appear Defendant Court 81