Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. ML Genius v. A third approach?

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Court Litigator Litigation Case law 95

Debevoise Data Blog

JANUARY 24, 2023

For example, a 2019 video deepfake featuring Kim Kardashian was successfully removed from YouTube. In addition, as the United States Supreme Court considers the bounds of what constitutes a “transformative” purpose for the sake of fair use, the legal landscape on this issue may shift.

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Court e-filing Lawsuit State law 52

Attorney at Work

OCTOBER 20, 2021

The Florida Supreme Court approved the state’s ethics opinion on remote working in May 2021. The Florida Bar Standing Committee on the Unlicensed Practice of Law’s AFO #2019-4 was issued as a proposed advisory opinion in August 2020. However, more recently, regulators have started to address this issue head-on.

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Lawyer Law firm Attorney Law 96

Berkley Technology Law Journal

JULY 9, 2022

Her recent scholarly work includes “The New Private Law and Intellectual Property,” forthcoming in the Oxford Handbook of the New Private Law (2020); and “Intellectual Property as Property,” in the Research Handbook on the Economics of Intellectual Property Law (2019).

Intellectual Property 52

Intellectual Property Law Law Court 52

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 2019) (“As courts uniformly recognize, § 230 immunizes internet services for third-party content that they publish, including false statements, against causes of action of all kinds.”). ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az.

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Defendant Failure-to-appear Court Lawsuit 90

Eric Goldman

DECEMBER 15, 2023

However, FOSTA was not designed as an anti-CSAM law, so the plaintiffs’ claims don’t really fit the legal doctrine. In 2021, the court dismissed the non-FOSTA claims but did not dismiss the FOSTA claim. Reddit cert petition was pending before the Supreme Court. Both parties appealed to the Ninth Circuit.

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Lawsuit Court Defendant Hearing 112

Eric Goldman

JUNE 9, 2024

The court responds: “Doe’s breeding ground theory essentially seeks to hold Meta liable for failing to remove traffickers’ grooming messages and posts advertising their victims for sex.” Finally: in passing, the court says “Her trafficker was convicted in a criminal trial and sentenced to 40 years in prison.”

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Lawsuit Criminal trial Court Defendant 58

Eric Goldman

MAY 5, 2023

” My post tried to translate this statement: Underneath this anodyne conclusion, the court is impliedly making two key points: (1) users’ activities do not contribute to evaluating the defendant’s 1591 exposure, and (2) the applicable scienter to get around 230 is 1591’s “actual knowledge” requirement.

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Lawsuit Defendant Court e-filing 103

Eric Goldman

MAY 2, 2024

Readers with good memories will recall that I have blogged several other cases against Salesforce with similar allegations, with mixed results in court. Salesforce decision closely, the court concludes that Salesforce doesn’t qualify for Section 230 immunity in the FOSTA case. Salesforce invoked the Fifth Circuit’s Doe v.

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Lawsuit Defendant Court Judge 70

Eric Goldman

JUNE 7, 2023

The court treats this as a surprisingly easy Section 230 case and dismisses the case. Twitter , the court disagrees: Unlike in Lemmon and Roommates.com , the harm Plaintiffs allege here doesn’t flow from a design defect. ” The plaintiffs also sued Google and Apple for carrying Snap in their app stores. Next stop: the 9th Circuit.

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Failure-to-appear Defendant Lawsuit Court 92

Eric Goldman

JULY 23, 2023

In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making several narrowing constructions. The remaining ambiguity over its scope chills and inhibits socially beneficial and completely legal behavior, but the law doesn’t help reduce illegal behavior. Taamneh case. Reddit, Inc. ,

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Lawsuit Defendant Court Hearing 71

Debevoise Data Blog

OCTOBER 18, 2021

Compensatory damages or damages between $200 and $1,000 are authorized for each unlawful sale, as are reasonable attorneys’ fees and court costs. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. 2019 IL 123186, 129 N.E.3d See Vance v. Amazon.com Inc. , Six Flags Ent.

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Law Law Court Time-tracking 52

Debevoise Data Blog

JULY 5, 2022

Concerns Over Lack of Actuarial Nexus : The Department likely views the above list of suspect characteristics as non-exhaustive because it goes on to state that any input used for AI models and Big Data that lacks a sufficient actuarial nexus to the risk of loss has the potential to unfairly discriminate.

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Due diligence Compliance State law Litigator 40

CaseFox

DECEMBER 22, 2023

He has a wide range of experience litigating cases before federal and state courts including claims of wrongful termination, discrimination, harassment, retaliation, Title 59, Section 1983 and related claims, as well as various civil litigation. It’s not enough to comply with just the federal or the state law.

Dispute resolution 52

Dispute resolution Law Law Legal tech 52

Eric Goldman

DECEMBER 29, 2023

The court holds that Section 230 applies to the claims. ” The court responds that “Grindr’s match function relies on and publishes a user’s profile and geolocation data, which is third-party content generated by the user.” The court rejects Doe’s attempted Lemmon v. ICS Provider. Publisher/Speaker Claims.

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Lawsuit Court Defendant Failure-to-appear 84

Eric Goldman

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v.

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Court Law Law Failure-to-appear 77

Debevoise Data Blog

JANUARY 14, 2022

A CID is a type of Commissioner-authorized subpoena, enforceable in court, that subjects the recipient to a number of formalized processes and timelines. FTC unanimously held that Section 13(b) of the FTCA does not grant the FTC authority to obtain monetary remedies in federal court. 18] In FTC v. Shire ViroPharma, Inc. ,

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Compliance Court Litigator Litigation 52