Remove 2020 Remove Defendant Remove State law
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A Review of the NYT v. Microsoft AI-Copyright Ruling (Guest Blog Post)

Eric Goldman

Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. It’s the king of US legacy media suing the company that is synonymous with generative AI in the United States. The court agreed. Universal City Studios, Inc., 417, 442, 104 S.Ct. 774, 78 L.Ed.2d

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Lessons Learned from 2024 and the Year Ahead in AI Litigation

Debevoise Data Blog

A look back at 2024 shows that plaintiffs are learning from the initial wave of cases filed against AI developers, and that plaintiffs are now adapting their claimsas well as the defendants they are suingto meet the shifting legal terrain. 1] Proving Defendants Use of Training Data Inputs.

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2023 Quick Links: Section 230

Eric Goldman

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. Puppies, 2020 Ariz. ” * Doe v. LEXIS 851 (Az. Superior Ct. Offerup Inc., LEXIS 49865 (Cal.

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Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Eric Goldman

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I ” Motion to dismiss granted.

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Eric Goldman

When Meta sued Bright Data for breaching Facebook’s and Instagram’s ToS, the defendant successfully argued that since the scraping occurred without logging into its platforms’ accounts, it did not constitute “use” of the platform and thus did not breach the ToS. 301(a) , which preempts state laws “equivalent” to copyright.

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Face Forward: Strategies for Complying with Facial Recognition Laws

Debevoise Data Blog

State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data. As noted, currently, only Illinois, Washington, and Texas have laws at the state level that aim to expressly and comprehensively address biometric privacy. 1:20-CV-1084-JES-JEH, 2020 WL 5118035 (C.D. 454 F.Supp.3d

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Eric Goldman

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. This case is about punishing the Defendants for their speech. This case represents the latter circumstance.

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