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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.” Ronda Baldwin-Kennedy , a lawyer, ran for the US Senate in Nevada as a Republican.

Lawsuit 103
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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, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.

Court 102
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Opt-Out Approaches to AI Training: A False Compromise

Berkley Technology Law Journal

Until this course of litigation is resolved, the parties remain categorically opposed: defendants seek to maximize the training data available to their algorithms, while plaintiffs livelihood depends on exclusive ownership and control of their IP. However, in its current iteration, opt-out schemes do not truly allow rightsholders to opt out.

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

Eric Goldman

In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions go too far and are procedurally and substantively unconscionable.

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Roblox Must Defend Illegal Gambling Claims–Colvin v. Roblox

Eric Goldman

But, outside the Roblox platform, there are a number of online casinos that take wagers in Robux. Those online casinos entice minors to come gamble away their Robux. Roblox processes that transaction, and it takes a cut. Some of the plaintiffs’ claims survive Roblox’s motion to dismiss. Statutory Standing. Machine Zone and Taylor v.

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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.

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Section 230 Preempts Two More Harassment Lawsuits

Eric Goldman

Google LLC , 2024 WL 3427161 (D. July 16, 2024) Lance Benedict is a musician. Those items got indexed in Google and appeared in Benedict’s vanity searches. A defendant also does not “use” the mark under the Lanham Act if it merely produces search results that contain the plaintiff’s mark.” Harassment.

Lawsuit 98