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What is a “Social Media Platform”?–NetChoice v. Uthmeier

Eric Goldman

To dispose of various motions, the court must construe the statutory term “social media platform.” The court recognizes this drafting flaw: the text of the social media platform definition is broad. –the court sides with the statutory text and its massively overbroad definition.

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

Eric Goldman

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. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. hiQ Labs I, 938 F.3d

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More Chaos in the Law of Online Contract Formation

Eric Goldman

The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based.

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Searing Lessons From a State Bar Complaint: A Lawyer’s Story

Attorney at Work

My first knowledge that a complaint had been filed came by certified letter in 2012 — six years later — from the Iowa Supreme Court Client Security Board, which is charged with policing the professional interactions of Iowa’s 7,500 attorneys. Unfortunately, that’s something I know from personal experience. The State Bar Complaint Arrives.

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Cyber Whistleblowers: Eight Lessons from the First False Claims Act Settlements

Debevoise Data Blog

In 2019, a California federal court denied Aerojet’s motion to dismiss the claims and, in 2022, denied Aerojet’s motion for summary judgment, finding that partial disclosures would not relieve Aerojet of liability if it nonetheless failed to disclose its noncompliance with material regulatory provisions. On July 8, 2022, the U.S.

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Cruiseing for Waymo Lawsuits: Liability in Autonomous Vehicle Crashes

Richmond Journal of Law and Technology

12] Herzberg’s family sued Uber, the owner of the vehicle, but whether Uber or its programmers would have been found liable in civil court isn’t clear—the parties reached a confidential settlement. [13] 2] Ahead, a driver-operated car struck a pedestrian, throwing her into the Cruise’s path. If there is no driver, who is liable?

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