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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

It’s a small operation, with a 2022 budget of under $1M/year. The defendant conceded summary judgment on liability, and the court held a trial on damages. This post covers the court’s ruling following the damages trial. Setting the Damages Range The court rejects KMC’s innocent infringement defense.

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Georgia court throws out earlier ruling that relied on fake cases made up by AI–theregister.com

lennyesq

‘We are troubled by the citation of bogus cases in the trial court’s order’ Thomas Claburn The Georgia Court of Appeals has tossed a state trial court’s order because it relied on court cases that do not exist, presumably generated by an AI model. Read more…

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New York’s top court blocks NYC from letting noncitizens vote–apnews.com

lennyesq

BYJENNIFER PELTZ NEW YORK (AP) New York states top court put an end Thursday to New York Citys effort to empower noncitizens to vote in municipal elections. In a 6-1 ruling, the high court said the New York constitution as it stands today draws a firm line restricting voting to citizens. Read more…

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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

This legal battle is significant because Lululemon only recently entered the sneaker market in 2022. The case was settled in 2022. Skechers (2016) Nike took Skechers to court for allegedly infringing eight Nike patents, including patents covering the Flyknit technology. The lawsuit was settled in 2021.

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European Data Protection Roundup – Q4 2024

Debevoise Data Blog

Data Protection Authority powers: The European Court of Justice (CJEU) has ruled that Data Protection Authorities are not obliged to exercise corrective powers in the event of a breach. The German courts referred the interpretation of GDPR to the CJEU.

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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

The district court dismissed the complaint in 2022. After more time and money at the district court, Facebook should have no problem defeating it.” ” Unsurprisingly, on remand, the district court dismisses the contract breach claim. Lloyd’s breach-of-contract claim.”

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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. 2022), cert. Double Scienter. Corelogic, Inc., 3d 666, 675 (9th Cir. Ice Portal, Inc.,