article thumbnail

Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

While the statutory elements of a Section 1202(b) claim appear straightforward, certain courts considering claims involving CMI have added two hurdles for copyright plaintiffs: a “double scienter” requirement and an identicality requirement. 13-00496 SOM/BMK, 2015 WL 263556, at *3 (D. 21, 2015), aff’d , 700 F. Double Scienter.

article thumbnail

Discovery Objections Cheat Sheet

Clio

Note: These objections apply to most jurisdictions, and many can also be used in a deposition setting or in court. However, it is important to remember that each state has different discovery rules, as does federal court. Response [applying federal court standard]: Objection.

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Analyzing the Lululemon v. Costco Dupe Suit (Guest Blog Post)

Eric Goldman

In most jurisdictions, courts ask whether granting one party exclusive rights to a feature puts competitors at a non-reputation-related disadvantage. 2015) (rejecting a patentee’s attempt to do that). A court applying the Egyptian Goddess test might well decide this accused product is plainly dissimilar and end the analysis there.

article thumbnail

Mental Health Pre-Trial Diversion

The Barrister

Third, the court must determine that the individual’s symptoms can be treated effectively with the proposed plan. Additionally, South Carolina’s program is more localized, with participation dependent on the availability of specialized courts in certain counties, whereas California’s program is statewide. 9, 2024, 12:38 PM), [link]. ︎

article thumbnail

Cyber Whistleblower Leads to DOJ Civil Settlement

Debevoise Data Blog

Decker alleged that, throughout his tenure at Penn State from 2015 to 2022, the university neglected to meet federal regulatory requirements to safeguard confidential information and violated federal agency contractual regulations. Decker was responsible for ensuring Penn State’s Applied Research Laboratory and Penn State adhered to the U.S.

article thumbnail

2024 Internet Law Year-in-Review

Eric Goldman

9) Supreme Court Tamps Down on Jawboning and Government Social Media Lawsuits. The Supreme Court is taking a steady stream of Internet Law cases, a trend that will continue for some time. Tomorrow, the Supreme Court will hear the TikTok ban, and Wednesday, the Supreme Court will hear Free Speech Coalition v.

Law 102
article thumbnail

Section 230 Still Works in the Fourth Circuit (For Now)–M.P. v. Meta

Eric Goldman

However, it’s another indicator that circuits outside the Third are likely to disagree with the Anderson ruling, virtually ensuring the conflict will reach the Supreme Court. (In In a mild surprise, TikTok abandoned its Supreme Court appeal of the Anderson case, so that reconciliation will have to wait a bit longer).

Judge 64