Eric Goldman

MARCH 4, 2023

He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. The plaintiff successfully remanded the case back to state court and got some of its attorneys’ fees covered. Ripoff Report removed the case to federal court.

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State law Court Defendant Lawsuit 97

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance.

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Litigator Litigation Dispute resolution Criminal trial 52

Eric Goldman

NOVEMBER 2, 2023

Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.” The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I ” The court cites Force v.

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Failure-to-appear Defendant Federal law Lawsuit 98

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. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

SEPTEMBER 26, 2024

In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. The plaintiffs’ allegations were sizzling.

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Court Judge Defendant Hearing 111

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). This sounds like the recipe for an infinite litigation machine.

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Time-tracking Judge Law Law 119

Eric Goldman

AUGUST 16, 2023

The litigants are an employer and former employee. So does the rest of the employee’s lawsuit. “Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” The 512(f) claim fails. Create Music Group, Inc., 2023 WL 4157446 (C.D.

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State law Court Litigator Litigation 75

Legal Tech Monitor

NOVEMBER 21, 2023

In March, the Illinois law firm, MillerKing brought the putative class action against DoNotPay on behalf of “all law firms in the United States,” alleging false association and false advertising under the federal Lanham Act and Illinois state law. A second California lawsuit, Lee v.

Court 52

Court Lawyer Lawsuit Failure-to-appear 52

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. Many of those contractual anti-scraping lawsuits were successful.

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Court Litigator Litigation Case law 98

Eric Goldman

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago. That lawsuit also failed.

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Court Software Litigator Litigation 98

Eric Goldman

NOVEMBER 30, 2023

It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands of bogus copyright claims against their competitors. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Defendant Court State law Lawsuit 75

Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. — But regardless of what you and I think about this legal regime, that is the current state of the law.

Intellectual Property 98

Intellectual Property Court Litigator Litigation 98

Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. But normative judgments aside, ProCD v.

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Judge Court Defendant State law 98

Eric Goldman

DECEMBER 16, 2024

WebGroup Czech Republic * Instagram Defeats Lawsuit Claiming It Was a Breeding Ground for Sex TraffickersDoe v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves ForwardML v. Salesforce * Latest Linkwrap on FOSTAs Aftermath * Section 230 Doesnt End Lawsuit Claiming Facebook Facilitated Sex TraffickingDoe v.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

DECEMBER 15, 2023

Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Twitter, Inc.

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Lawsuit Court Defendant Hearing 124

Eric Goldman

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Last October , in Doe v.

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Lawsuit Defendant Court e-filing 111

Eric Goldman

MAY 2, 2024

Snap litigation. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v. Salesforce invoked the Fifth Circuit’s Doe v.

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Lawsuit Defendant Court Judge 96

Berkley Technology Law Journal

DECEMBER 24, 2022

Matt also conducts public records investigations and litigates cases challenging government surveillance. And so when we saw the sharing, we saw this law on the books, we brought the lawsuit against Marin County Sheriff to make sure that they weren’t going to continue sharing this kind of information far and wide.

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Attorney Law Law Time-tracking 100

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Salesforce * Omegle Defeats Lawsuit Over Users CappingMH v. Case Citation : Doe v.

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Lawsuit Failure-to-appear Defendant Court 64

Justia Legal Marketing & Technology blog

JANUARY 20, 2023

Some of them contain 50-state surveys that track variations in state laws on a key issue. Family Law Matters involving domestic relations tend to have high stakes, financially and emotionally. Like other medical malpractice cases, birth injury lawsuits usually require expert testimony and affidavits of merit.

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Intellectual Property Workers Compensation Bankruptcy Estate planning 130

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. That’s a litigation strategy, I guess. violations; but I also think it’s clear this lawsuit is going to fail eventually.

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Defendant Law Law Court 77

Eric Goldman

NOVEMBER 9, 2024

The plaintiffs claim that IXL “collected and monetized the data of millions of school-age children who used the IXL platform without parental consent,” in violation of the ECPA and state law. Roblox Amazon Can’t Force Arbitration of Minors’ Privacy Lawsuit Over Alexa Recordings–BF v.

Court 52

Court Lawsuit State law Litigator 52

Eric Goldman

JANUARY 11, 2025

I did a fairly lengthy blog post on the intersection of copyright law and city council videos a decade ago; and see this piece by Frank LoMonte about the intersection between copyright law and FOIA laws for government records. In the last month, two more copyright lawsuits over city council videos have triggered my alerts.

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Court Judge Defendant Case predictions 40

Eric Goldman

FEBRUARY 8, 2025

The plaintiff brought a FOSTA lawsuit. Salesforce * Omegle Defeats Lawsuit Over Users CappingMH v. WebGroup Czech Republic * Instagram Defeats Lawsuit Claiming It Was a Breeding Ground for Sex TraffickersDoe v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves ForwardML v. Prior blog post.

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Defendant Lawsuit Judge Court 59

Eric Goldman

APRIL 3, 2025

Without Section 230, and in the face of a tsunami of new state laws imposing onerous obligations on UGC sites, I will be burdened with increasing legal risks and obligations for allowing readers to comment. What will Internet Law look like in 10 years? I also am a UGC site in that I permit readers to post comments.

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Lawsuit Court Law Law 52

3 Geeks and a Law Blog

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Regulations, laws and advanced detection technology are still lacking but urgently needed. Isha Welcome to The Geek in Review.

Litigation 147

Litigation Litigator Court e-discovery 147

Legal Tech Monitor

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Regulations, laws and advanced detection technology are still lacking but urgently needed. Isha Welcome to The Geek in Review.

Litigation 52

Litigation Litigator Judge Court 52

Eric Goldman

NOVEMBER 10, 2024

Thus, this lawsuit implicates Section 230’s extraterritorial application, but the court didn’t address this issue. It’s my position that Section 230 equally applies to non-US plaintiffs and defendants if they are litigating in US courts. (If Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v.

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Defendant Lawsuit Failure-to-appear Court 117

Eric Goldman

DECEMBER 23, 2024

Note: Backpage shut down April 2018, but Backpage-related litigation continues into 2025 and beyond]. Salesforce More SESTA/FOSTA-Related Posts * Omegle Defeats Lawsuit Over Users CappingMH v. WebGroup Czech Republic * Instagram Defeats Lawsuit Claiming It Was a Breeding Ground for Sex TraffickersDoe v.

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Defendant Court Lawsuit Judge 59