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2024 Internet Law Year-in-Review

Eric Goldman

If the YOLO promise-based exclusion to Section 230 stands up, plaintiffs will have no problem tendentiously parsing a defendant’s site disclosures to find something– anything –as the anchor for a promise-based claim that bypasses Section 230. The early rounds have not gone well for the defendants in many cases.

Law 102
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Preliminary Copyright Office Guidance on Fair Use and AI Provides Some Answers, But Questions Remain

Debevoise Data Blog

To date, despite years of litigation, those cases have resulted in just one opinion: a District of Delaware order that arose outside of the generative AI context and rejected the fair use defense as a matter of law. Compl. ¶¶ 13, 24, In re Google Generative AI Copyright Litig. , 3] The New York Times Co. GitHub, Inc. , 7] Kadrey v.

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At A Turning Point for the Law Firm Docketing Profession, A Conversation with Three of its Trailblazers

LawSites

In litigation and intellectual property matters, it is the responsibility of docketing professionals to ensure that electronic court pleadings and documents are properly and timely filed, to maintain internal databases of docketed documents, and to facilitate access to documents by the firm’s legal professionals. Has it affected what you do?

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Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

Eric Goldman

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. 4, 2011)) (emphasis in original). 2d 316, 319 (1953) (invalidating trial court’s interpretation of land purchase agreement as binding the defendant to pay all land assessments without time limitations). Meta’s Opp.

Judge 98
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Commission on Professionalism Chief Counsel Mark Palmer Named to 2023 Fastcase 50

Legal Tech Monitor

Created in 2011, the Fastcase 50 highlights the contributions of “the top 50 most courageous innovators, techies, visionaries, and leaders in the legal industry.” He also served on the federal Criminal Justice Act (CJA) panel appointed to represent indigent criminal defendants and prisoners in the U.S.

Judge 40
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The Supreme Court TransUnion Case: Part 2—What It Means for Efforts to Defeat Class Certification?

Debevoise Data Blog

Ramirez sought to certify “a class of all people in the United States to whom TransUnion sent a mailing during the period from January 1, 2011, to July 26, 2011, that was similar in form to the second mailing that Ramirez received.” The Supreme Court identified “an importance difference.

Court 40
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. If nothing else, litigants know where they stand in these jurisdictions. Three courts of appeals have answered “no.”

Judge 98