2022 Defendant State law 
Eric Goldman
DECEMBER 26, 2023
Where the motion to dismiss concerns questions of law, additional discovery is not required. 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. ” * Doe v.
Eric Goldman
MAY 17, 2024
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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Eric Goldman
AUGUST 22, 2023
copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Nonetheless, Thaler’s lawyer has stated that they plan to appeal.
Discovery Advocate
JUNE 7, 2023
18-cv-2022 WL 972401 (D. 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In re Pork Antitrust Litig. , In In re Pork Antitrust Litig. ,
Discovery Advocate
JUNE 8, 2023
18-cv-2022 WL 972401 (D. 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In re Pork Antitrust Litig. , In In re Pork Antitrust Litig. ,
Eric Goldman
DECEMBER 13, 2023
It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.
Eric Goldman
JULY 18, 2023
That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. In December 2022, the Supreme Court invited the U.S.
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