Eric Goldman

MARCH 11, 2025

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.

Lawsuit 52

Lawsuit Defendant Court Failure-to-appear 52

Eric Goldman

JANUARY 9, 2025

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

Law Law Court Lawsuit 102

Eric Goldman

DECEMBER 5, 2023

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

Judge Defendant Court Litigator 98

Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. That said, few scraping-related cases pursue these issues past the first few stages of litigation.

Defendant 126

Defendant Court Failure-to-appear Litigation 126

Eric Goldman

FEBRUARY 12, 2024

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. Case citation : Philpot v.

Court 105

Court Defendant Judge Attorney 105

Eric Goldman

DECEMBER 13, 2023

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

Judge Court Defendant State law 98

Richmond Journal of Law and Technology

NOVEMBER 27, 2023

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] Hikma Type Litigation , SSRN (Jan. 21, 2023), [link] [2] Id. [3] 24, 2023), [link] [5] Id.

Lawsuit 52

Lawsuit Intellectual Property Court Defendant 52