2024 Failure-to-appear Litigation 
Berkley Technology Law Journal
APRIL 18, 2025
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.
Eric Goldman
NOVEMBER 16, 2024
Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story. The court runs through multiple considerations: Defendant’s state of mind. .
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Debevoise Data Blog
NOVEMBER 12, 2024
24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. Below, we provide a background on the DMCA’s provisions governing CMI – known as Section 1202(b) – and recent DMCA litigation against AI developers. Raw Story Media, Inc. OpenAI Inc. , See 17 U.S.C.
Eric Goldman
FEBRUARY 17, 2024
This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?
Eric Goldman
JANUARY 27, 2024
To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. The plaintiffs tried again, with the same result.
Debevoise Data Blog
MAY 5, 2025
In Part 2 , we discussed the Draft Regulations provisions on automated decision-making technology (ADMT). In this Part 3, we discuss the Draft Regulations amendments to existing privacy-related requirements under the California Consumer Privacy Act (CCPA) and what these mean for businesses covered by the CCPA.
Eric Goldman
JANUARY 24, 2024
Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.
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