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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. Matthew McDermott is a freelance photographer. The New York Post story.

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What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta

Eric Goldman

She got less than 2,000 votes in the June 2024 primary. “several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” The court dismisses the case (with leave to amend, but an amendment will fail).

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The Security ‘Scapegoat?’: When Liability Comes Knocking, CISOs Answer the Call

Berkley Technology Law Journal

District Court for the Southern District of New York suggests that CISOs might be outside of point-blank range. On July 18, 2024, Judge Paul Englemayer dismissed most of the Securities and Exchange Commission (SEC)s landmark cyber enforcement case against SolarWinds Corp. By Gaurav Lalsinghani, J.D.

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Ticketmaster’s Attempt to Game Arbitration Services Fails–Heckman v. Live Nation

Eric Goldman

The court’s reaction is predictable if chilling. Rather than turning the analysis on formation issues, the court strikes down Ticketmaster’s efforts as unconscionable–and the weak formation practices exacerbate the unconscionability problem. to be unenforceable, as individuals do not have inquiry notice.”

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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. 2024 WL 5121035 (N.D. Lloyd’s breach-of-contract claim.”

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Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Eric Goldman

The court says this implementation isn’t a sign-in-wrap because the CMG terms lacked a call-to-action: “the login through Facebook screen never informed Plaintiff that acceptance of a separate agreement was required before she could access the service, which is the defining feature of a sign-in wrap agreement.”

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. Raw Story Media, Inc. OpenAI Inc. , The plaintiffs, two news organizations, alleged that OpenAI had used their copyrighted works in training ChatGPT, one of the most prominent generative AI “chatbots” on the market today. See 17 U.S.C.