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More Chaos in the Law of Online Contract Formation

Eric Goldman

The next paragraph “encourage[d]” Mr. Sadlock to “review the updated Subscriber Agreement in full and save a copy for your files. Indeed, the Court can see potential problems with a defendant relying on notice via email (problems aside from whether the email gave reasonably conspicuous notice of the terms of use). ” I disagree.

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Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The City did not issue a litigation hold until three years AFTER the complaint had been filed. The Court sanctioned the Defendants with a “permissive inference” instead of a “mandatory adverse inference.” The new Rule 37(e) states: Failure to Preserve Electronically Stored Information. USCS Fed Rules Civ Proc R 37(e).

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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Eric Goldman

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). By Guest Blogger Tyler Ochoa Last week, the U.S. 4th 1236 (9th Cir.

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ChatGPT vs. Copyright Law

Legal Tech Monitor

The mother filed a lawsuit, arguing that her use of the song was fair use. For example, creating software to convert e-books into formats compatible with screen readers for the visually impaired could be considered a violation of the DMCA. Many of these defendants were minors and people who accidentally shared files.