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The defendant, Kalita Mukul Creative, ran community-focused newsletters. It’s a small operation, with a 2022 budget of under $1M/year. Covington & Burling defended KMC, apparently pro bono. The defendant conceded summary judgment on liability, and the court held a trial on damages. The New York Post story.
Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.
28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. There is evidence Defendants’ conduct exceeded standard publication decisions. ” * Doe v.
Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. Prutton, 22-CCB-0045 , February 28, 2023.
August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. 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. Citing Sellers v. The court sees it differently.
On January 5, 2022, the NYAG’s Bureau of Internet and Technology published a Business Guide for Credential Stuffing Attacks , which was the result of a months-long investigation uncovering widespread failures of companies to effectively combat credential stuffing attacks on their customers. What Is Credential Stuffing?
There has been significant regulatory attention recently to “dark patterns,” including FTC guidance , state privacy laws , and state and federal enforcement actions. Some of this activity involves new regulations, and some is based on decades-old consumer protection laws that prohibit unfair and deceptive practices.
The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Further, the disparagement agreement is not limited by common-law defamation requirements. * LEXIS 125429 (M.D.
Less distressing but equally true (if only marginally less dated a cultural reference) is that the Internet is for porn. While online services inevitably get used for both types of content, service providers tend to treat them very differently, given that adult pornography is generally legal in the U.S. whereas CSAM is illegal everywhere.
The court summarizes: The plaintiffs commenced this action in connection with the death by suicide of 16 year old Chase Nasca on February 18, 2022 after he walked in front of a train. TikTok defended on Section 230 grounds. The plaintiffs are surely going to appeal this ruling. Case Citation : Nasca v. Bytedance Ltd., LEXIS 2255 (N.Y.
There are dozens of cases pending against AI developers stemming from their use of copyrighted works to train generative AI models. In response, developers have uniformly asserted that such use is a fair use. The new Registrar could revise the report, or never make it official in any form. Many uses, however, will fall somewhere in between. [2]
” I don’t know what “particular” third-party content means, but the statute doesn’t support any distinction based on “particular” and “non-particular” third-party content. .”
Privacy Regulations: The Administration appears to be using the Strategy to promote federal legislation to impose clear limits on the collection, use, transfer and maintenance of personal data, i.e., federal privacy regulation. Early reaction to the Strategy is largely favorable.
The court says this isn’t a dispositive issue because “Judge Coogler would have come to the conclusion that Defendants were content providers and thus not entitled to immunity under Section 230 even if he had not considered Anderson.” May 6, 2025) Prior blog posts ( 1 , 2 ). The new judge denied this request as well.
I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Is OnlyFans an ICP?
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