Berkley Technology Law Journal

APRIL 18, 2025

Candidate, 2027 The recent boom in generative AI technology has been hampered by accusations that AI training sets violate intellectual property laws. However, opt-out schemes are an empty promise to creators, enabling tech companies to continue their mass exploitation of unlicensed data while maintaining a veneer of compliance with IP laws.

Intellectual Property 130

Intellectual Property Failure-to-appear Defendant Compliance 130

Eric Goldman

OCTOBER 24, 2024

By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few highlights from the report: 1.

Defendant 98

Defendant Court Law Law 98

Eric Goldman

APRIL 28, 2024

299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent. 35 U.S.C. §

Defendant 98

Defendant Judge Lawsuit Court 98

Eric Goldman

APRIL 1, 2024

2024 WL 1268420 (N.D. March 26, 2024). Schedule A Defendants If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Schedule A Defendants If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox The post Roblox Must Defend Illegal Gambling Claims–Colvin v. Roblox Corp.

Defendant 98

Defendant Failure-to-appear Court Hearing 98

Eric Goldman

OCTOBER 28, 2024

Under California law, “oppression is even more onerous” when a “clause pegs both the scope and procedure of the arbitration to rules which might change.” I note that Ticketmaster is a special defendant due to their decades-long efforts to stretch/hork online contract formation law. I still teach the 2007 Ticketmaster v.

Failure-to-appear 95

Failure-to-appear Court Defendant Law 95

Eric Goldman

FEBRUARY 16, 2025

Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4532937 (N.D. Combined with prior rulings, in the October 24, 2024 ruling, the court summarizes where the various claims stand: It’s even more complicated, because several of the plaintiffs’ claims are based on state laws.

Defendant 57

Defendant Court Litigator Litigation 57

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. See ECF No.

Defendant 98

Defendant Judge e-filing Lawsuit 98

Eric Goldman

JANUARY 21, 2024

“Plaintiff alleges Defendants downloaded and copied Plaintiff’s copyrighted materials from YouTube, and then re-uploaded infringing versions of Plaintiff’s copyrighted media content to their YouTube channels.” ” Viral DRM sued 20 defendants enumerated in a Schedule A and got an ex parte TRO. Jurisdiction.

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Defendant Judge Court Hearing 78

Berkley Technology Law Journal

MARCH 21, 2024

2024 In an industry ruled by trends, the nature of quiet luxury brands radically challenges how we view usage of trademarks in fashion. For consumers, the primary purpose of trademark law is to act as a guarantee of the product’s quality. By Devangini Rai LL.M.

Civil trial 246

Civil trial Court Defendant Law 246

Eric Goldman

APRIL 7, 2025

The defendant Binello made a popular Roblox game called MeepCity allegedly visited 1B times: The game included a feature that allowed users to gather and talk with each other in a pizzeria, which included a piano that users could play to earn points within the game. Binello appeared first on Technology & Marketing Law Blog.

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Defendant Court Judge Law 86

Debevoise Data Blog

NOVEMBER 12, 2024

24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. In response to widespread concern among rights holders about the ease with which consumers could make inexpensive copies of music and movies, in 1998, Congress enacted the DMCA to bring copyright law into the Internet age. Raw Story Media, Inc. OpenAI Inc. , See, e.g. , Kirk Kara Corp.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

NOVEMBER 17, 2024

[Note: the defendants in this case are enumerated on an “Annex A” instead of “Schedule A.” Judge Harjani says the plaintiff’s papers contain “a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship.”

Judge 52

Judge Defendant Court Time-tracking 52

Eric Goldman

OCTOBER 5, 2024

The EPA civilly sued eBay for third-party merchant listings of items that violate environmental laws. In that case, the defendant created a marketplace for aftermarket car apps, which naturally included defeat devices. 2024 WL 4350523 (E.D.N.Y. 30, 2024) * * * BONUS: In the Matter of Amazon.com, Inc., CPSC Docket No.

Defendant 106

Defendant Court Lawsuit Law 106

Eric Goldman

JULY 21, 2024

Google LLC , 2024 WL 3427161 (D. July 16, 2024) Lance Benedict is a musician. “A defendant does not “use” a plaintiff’s mark to [infringe] when the defendant merely provides a search engine service that allows third parties to search using the plaintiff’s mark. 2024 WL 3421685 (Mass. Benedict v.

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Lawsuit Failure-to-appear Defendant Court 98

Debevoise Data Blog

FEBRUARY 4, 2025

As we previewed in our 2024 AI year in review , one of the big areas to watch in 2025 will be how much discovery courts are prepared to order into the inner workings of AI companies, especially in the face of arguments that discovery would reveal trade secrets or would be overbroad in cases based on specific claimed works. OpenAI, Inc.

Intellectual Property 52

Intellectual Property Defendant Court Judge 52

Clio

APRIL 17, 2025

This is where law firm predictive analytics come to the rescue. By leveraging AI and other technologies, law firms can uncover patterns and trends across vast datasetsturning raw information into actionable insight. What is predictive analytics for law firms?

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Analytics Law firm Law Law 52

Eric Goldman

MARCH 6, 2024

New practice area alert for law students: the specialty niche of fish artists asserting IP claims against print-on-demand services. Note: this case is functionally moot because the defendant, Sunfrog, is already defunct. If not, the print-on-demand industry may not be commercially viable under prevailing law. Volitional Conduct.

Defendant 120

Defendant Judge Lawsuit Court 120

Eric Goldman

NOVEMBER 21, 2024

Samuels sued the Lido DAO, but a shadowy entity (Dolphin CL, LLC) defended the Lido DAO on the grounds that the DAO wasn’t an entity at all; it is just software code. Lido DAO , 2024 U.S. 18, 2024) The post Decentralized Autonomous Organization (DAO) Treated as General Partnership for Liability Purposes–Samuels v.

Defendant 52

Defendant Court Software Law 52

Eric Goldman

JULY 30, 2024

“Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” “Defendant Google is a private business, not a state actor.” Google LLC , 2024 WL 3551878 (D.D.C. July 26, 2024). ” Fraud. ” Constitutional Violations.

Defendant 108

Defendant Lawsuit Court Litigator 108

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

Defendant 116

Defendant Intellectual Property Court Judge 116

Eric Goldman

MARCH 20, 2025

The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. The 2024 district court opinion. Case Citation : Seneca v.

Defendant 52

Defendant Court Lawsuit Law 52

Eric Goldman

JULY 9, 2024

” The Rehabilitation Act “does not apply to defendants who are private entities that do not receive federal funds.” ” With respect to the Unruh Act, the plaintiffs “alleges no facts to support that the Meta defendants engaged in intentional discrimination.” 2024 WL 3325389 (9th Cir.

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Defendant Court Lawsuit Law 98

Clio

DECEMBER 12, 2024

It is likely to affect how lawyers practice law, and it will also have legal implications that impact society more broadly. A recent report for the Law Society of England and Wales put forth the concept of lawyers switching from hourly billing to charging for billable units of attention. How does neurotechnology impact the legal field?

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Law Law Defendant Attorney 97

Eric Goldman

SEPTEMBER 28, 2024

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. Encor Solar LLC, 2024 WL 4062051 (D.

Lawsuit 106

Lawsuit Failure-to-appear Defendant Court 106

Eric Goldman

AUGUST 27, 2024

Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” 2024 WL 3842563 (W.D. May 29, 2024) The post AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v.

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

JUNE 7, 2024

But even if the plaintiff connected the dots, With respect to defendant’s possession of contrary information, the amended complaint has, at best, plausibly alleged that defendant did not know if the photograph was of Zilis and failed to verify the accuracy of the photograph, despite knowing what Zilis looked like. June 3, 2024).

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

MAY 8, 2024

2024 WL 2021896 (N.D.N.Y. May 6, 2024) The post Section 230 Preempts Product Design Claims–Lama v. Meta appeared first on Technology & Marketing Law Blog. Publisher/Speaker Claims. Case Citation : Lama v. Meta Platforms, Inc.

Failure-to-appear 105

Failure-to-appear Defendant Judge Court 105

Eric Goldman

JUNE 12, 2024

In 2014, California enacted AB2365 , sometimes called the “Yelp law,” codified at Cal. The law prohibits businesses from suppressing consumer reviews (on Yelp or elsewhere). Thus, more likely, this law is one of thousands of laws that the California legislature passes with some hype but then gets widely ignored.

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Court Defendant Law Law 75

Eric Goldman

JULY 19, 2024

Take a look at the numbers: Amazon restrained $155k+ of the defendant’s money. That’s just for one of the many defendants in this case. “Defendant admits that it profited $32.30 The defendant fought back with its own damages expert. Would fair use apply? This post focuses on the case economics.

Defendant 96

Defendant Judge Court Lawsuit 96

Eric Goldman

FEBRUARY 18, 2024

Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated. .”

Judge 111

Judge Defendant e-records Court 111

Brett Trout

FEBRUARY 18, 2025

Nintendos Legal Crusade Between 2022 and 2024, Nintendo launched numerous lawsuits and legal actions, shutting down fan projects, modding communities, and emulator developers. This legal onslaught raises important questions about patent enforcement, fair competition, and the broader impact on the gaming community.

Intellectual Property 52

Intellectual Property Lawsuit Litigator Litigation 52

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). The defendants sell this hardware. It doesn’t work.

Lawsuit 98

Lawsuit Defendant Court Software 98

Eric Goldman

MAY 31, 2024

He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. The court says Medina has no probability of prevailing against the repository websites due to Section 230: Medina does not dispute that legal research defendants are interactive computer service providers.

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Court Defendant Lawsuit Legal research 106

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory. Case Citation : Jones v. Mean LLC , Index No.: 810316/2023 (N.Y.

Defendant 112

Defendant Judge Court Litigator 112

Eric Goldman

FEBRUARY 11, 2024

Instead, citing possibly deprecated law from Goldman v. This is especially salient because many potential defendants could decline to answer because the cost of litigation would likely outweigh the mandatory statutory damages amount. But the defendant no-showed, so all of these concerns go out the window. All excellent points.

Defendant 115

Defendant Court Litigator Litigation 115

Eric Goldman

JUNE 1, 2024

The plaintiff sued many defendants. State Dep’t of Health, 2024 U.S. May 28, 2024) The post Section 230 Applies to YouTube and Google Search Results–Montano v. Washington Department of Health appeared first on Technology & Marketing Law Blog. I’ll focus on Section 230 and Google/YouTube.

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Defendant Court Law Law 96

Clio

FEBRUARY 21, 2025

This includes survivors, witnesses, criminal defendants, and convicts. Ensure that the defendants feel heard and understood, working towards enhancing their trust in the legal system. Guarantee that the defendant always has a clear and transparent understanding of the process and the decisions affecting them.

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Defendant Court Judge Attorney 52