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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

Among other defendants, he sued Microsoft for Bing search results linking to the episode. Microsoft defended on Section 230 grounds. 2013 WL 664231 (E.D. 2013); O’Kroley v. A different Nathaniel White claimed that the episode improperly featured his mugshot and thus connected him to the serial killings. 2012); Nieman v.

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Judge Pushes Back on SAD Scheme Sealing Requests

Eric Goldman

A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. But sealing defendants’ identities directly conflicts with courtroom transparency, a foundational principle essential for trust in our judicial system. Those defendants never reach the default judgment stage.

Judge 98
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After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

Eric Goldman

First, Defendant sells private user data through application programming interfaces (“API”) to exclusive third parties called “partners.” Second, Defendant uses “technological countermeasures” to limit access to public user information. Third, Defendant integrated its user data with Microsoft’s Azure cloud computing system.

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Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Eric Goldman

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. The defendant did not give the specified attribution.

Court 105
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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. In ML Genius, the defendant that sought to maintain access to online data prevailed. Three courts of appeals have answered “no.”

Judge 98
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Patents over Patients: How Pharmaceutical Companies use the Patent System to Keep Drug Costs High

Richmond Journal of Law and Technology

25] However, due to a 2013 Supreme Court decision in Federal Trade Commission v. 26] The Activis decision provides plenty of wiggle room for defendants to argue their way out of collusion charges using speculative business theories. [27] 23] “This gross profiteering explains why less than half of people living with HIV in the U.S.

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Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)

Eric Goldman

The court sides with the defendants as to the first CyberTip but not the second. In short, the court holds that the apparent CSAM tag for the first images hash match was enough to trigger the defendants reporting obligations and shield them from liability, but the unconfirmed CSAM tag for the second image was not.

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