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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

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. Not willful. Defendant’s financial benefit. ” Deterrence.

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The Implementation of Algorithmic Pricing and Its Impact on Businesses, Consumers, and Policymakers: Algorithmic pricing raises concerns about collusion and antitrust enforcement

Berkley Technology Law Journal

In September 2023, the FTC, along with 19 states, filed a lawsuit against Amazon , alleging that the company used three different algorithmic pricing models to sustain its monopoly power. This ruling suggests that courts are willing to scrutinize algorithmic pricing practices that contribute to market dominance and restrict competition.

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Courts’ Expectations for TOS Formation Keep Going Up—Lee v. Plex

Eric Goldman

Extensively citing Chabolla , the court rejects the arbitration request. The court says Plex’s relationship context cuts against TOS formation. The court’s treatment of the sign-up screen’s call-to-action is perplexing (no pun intended). Plex offers free video streaming.

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Deepfaked Evidence: What Case Law Tells Us About How the Rules of Authenticity Needs to Change

Berkley Technology Law Journal

Candidate, 2026 GenAI’s threat to authenticating evidence In June 2023, the story of Mata v. The court responded by siding with the defense, finding that plaintiff’s deepfake allegation “underscores the concern that [plaintiff’s counsel] is heavily invested in protecting its own interests, to the detriment of those of the class.”

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An Early Win for Copyright Owners in AI Cases as Court Rejects Fair Use Defense

Debevoise Data Blog

In a ruling with potential implications for other pending generative artificial intelligence (AI) copyright cases, the United States District Court for the District of Delaware in Thomson Reuters Enterprise Centre GmbH & West Publishing Corp. ROSS Intelligence Inc. some creative spark.

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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

Nike vs. Lululemon: The Lawsuit Nike filed its lawsuit against Lululemon in January 2023, claiming that Lululemons Blissfeel, Chargefeel Mid, Chargefeel Low, and Strongfeel shoes incorporate elements of Nikes Flyknit patents without permission. Since its creation, Nike has obtained hundreds of patents covering its Flyknit technology.

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Family Law and Digital Evidence: Preserving, Presenting, and Persuading

Justia Legal Marketing & Technology blog

He is active with the Virginia State Bar and the Virginia Trial Lawyers Association and recently served as President of the Norfolk/Portsmouth Bar Association (2023–2024). With over 25 years of experience and a deep focus on family law and cybersecurity, Kellam frequently writes and lectures on digital evidence and legal technology.