Debevoise Data Blog

JANUARY 13, 2025

Despite the busy 2024 litigation year against companies offering AI platforms in 2024, significant intellectual property questions remain unanswered as the calendar turns to 2025. 2025 may bring some clarity to the legal status of AI, including through highly anticipated guidance from the U.S. In Millette v. OpenAI, Inc.,

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Eric Goldman

MAY 20, 2025

Lack of Access Courts have consistently held that posting works on the Internet, without more, doesn’t ensure that the defendant had “access” to them for purposes of copying-in-fact. But even the narrower standard invites a lot of tendentious data-mining about the defendants’ social media activities.

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Defendant Court Judge Lawsuit 106

Eric Goldman

JUNE 10, 2025

Flixbus successfully defends by saying that the plaintiff consented to the disclosures via its TOS. 2025 WL 1592961 (S.D. June 5, 2025) More Posts on the Pixel Cases Meta Pixels Case Dismissed by Second Circuit–Solomon v. This is a Meta Pixels case involving the bus service Flixbus. cite to the Oberstein v. Flixbus, Inc.

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Time-tracking Defendant Court Lawsuit 57

Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. .” These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation.

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Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

MARCH 3, 2025

The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims. Capital One defended on Section 230 grounds (among others). 2025 WL 606194 (W.D. 25, 2025) The post Section 230 Doesn’t Apply to “Refer-a-Friend” Text Message–Jensen v.

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Eric Goldman

MAY 28, 2025

The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed preliminary injunction. And yet, in 2025, Modlily actually shut down an Amazon merchant by asserting trademark infringement based on post-domain URL paths.

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Defendant Judge e-filing Court 57

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. March 19, 2025). Case Citation : Seneca v. Homeaglow, Inc. ,

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Defendant Court Lawsuit Law 52

Eric Goldman

JUNE 11, 2025

2025 WL 1635956 (E.D. June 9, 2025) More Posts on the Pixel Cases Clickwrap Formed Even When a Consumer Has Limited Time to Act–Washington v. (As usual, there is a lot more going on in this case beyond trespass to chattels, but I’m focusing this blog post just on that claim). Case Citation : Doe v. Tenet Healthcare Corp.

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Court Time-tracking Defendant Lawsuit 69

Eric Goldman

MAY 7, 2025

The defendant Nivoda is an online retailer[FN] that displays how its prices are discounted compared to the Rapaport prices (see screenshot). ”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? May 2, 2025). This lawsuit was filed in early January.

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Lawsuit Defendant Judge Court 59

Eric Goldman

JUNE 6, 2025

2025 WL 1009179 (S.D.N.Y. April 4, 2025), might be the most important case pending on the legality of scraping public data to create training data sets to build large language models (“LLMs”). Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. Microsoft Corp.,

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Richmond Journal of Law and Technology

MARCH 7, 2025

However, when contracting with merchants, creators cannot ensure that their commission will come back to them, and typical merchants do not have strict cookie policies that defend against injected cookies. [22] 24, 2025). [2] 15, 2025), [link] [hereinafter Behind the Buzz ]. [3] Image link: [link] [1] Compl. ¶ 3] See Compl.

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Time-tracking Defendant Lawsuit Law 52

Eric Goldman

APRIL 12, 2025

2025 WL 961473 (W.D.N.Y. March 31, 2025) This case involves the service Joybuy, which listed items for sale in Walmart.coms marketplace. Shockingly, the plaintiff didnt contest any of the other 512 elements, so Joybuy defeats the lawsuit. Luoxue, 2025 WL 822692 (N.D. Omnia Studios Ltd. JD E-Commerce America Ltd.,

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Defendant Court Lawsuit e-filing 57

Eric Goldman

MARCH 4, 2025

Based on this ruling, Viral DRM’s earlier SAD Scheme lawsuit also may have been deficient on copyright standing grounds. 2025 WL 660250 (N.D. 28, 2025) Prior Blog Posts on the SAD Scheme Another N.D. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Case Citation : Viral DRM LLC v. Alibaba N.D.

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Defendant Judge Lawsuit Court 52

Brett Trout

JULY 8, 2025

On June 27, 2025, Lululemon filed a federal lawsuit accusing Costco of selling “confusingly similar” knockoffs of its best-selling clothes—including its Scuba hoodies, Define jackets, and ABC pants. What is the Lawsuit About? The Rise of the “Dupe” Culture This lawsuit is part of a bigger trend: “dupe” shopping.

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Lawsuit Intellectual Property Court Litigator 52

Debevoise Data Blog

JUNE 26, 2025

Whether copyrighted works can be freely used to train generative artificial intelligence (“AI”) models is at the core of dozens of lawsuits filed since AI burst onto the scene several years ago. Following a contentious discovery period, defendants in Anthropic moved for summary judgment and asserted a fair use defense on March 27, 2025.

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Court Defendant Judge Litigator 52

Eric Goldman

JUNE 9, 2025

by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping. — I hate that we’re still doing trespass to chattels claims in 2025. A real party-in-interest to this lawsuit is OpenAI.

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Lawsuit Failure-to-appear Court Defendant 57

Eric Goldman

MARCH 11, 2025

Its not mentioned here, but he later got the charges dropped and filed a civil-rights lawsuit against multiple government officials.) The court sides with the defendants as to the first CyberTip but not the second. The defamation and SCA claims for the second CyberTip go forward as to each defendant.

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Lawsuit Defendant Court Failure-to-appear 52

Eric Goldman

FEBRUARY 15, 2025

The defendant runs a Florida horse ranch. In 2016, the defendant licensed the plaintiff’s Equine Boarding Forms Package, consisting of form releases for adults and minors. The license permitted the defendant to “copy, email and otherwise distribute the” forms but not post them to the web.

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Lawsuit Defendant Court Judge 52

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. 18, 2025) Prior Blog Posts About Grindr Section 230 Defeats Underage Users Lawsuit Against GrindrDoll v. Salesforce * Omegle Defeats Lawsuit Over Users CappingMH v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves ForwardML v.

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

APRIL 21, 2025

The state gamely tried to defend the law anyway, to no avail. The court responds: The record Defendant has assembled here, however, is much like the deficient record in Brown, where nearly all of the research showing any harmful effects is based on correlation, not evidence of causation. Yost , 2025 WL 1137485 (S.D. Fitch , No.

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Eric Goldman

JANUARY 9, 2025

9) Supreme Court Tamps Down on Jawboning and Government Social Media Lawsuits. If any of those lawsuits succeed, they pose a potential existential threat to the entire industry. I am living in the 2025 MAGA timeline where nothing makes sense and Trump can and will exercise raw power to achieve the worst possible outcomes.

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Law Law Court Lawsuit 102

Clio

APRIL 2, 2025

This guide breaks down the most important personal injury statistics for 2025, going beyond the numbers to show you how these trends can improve your strategic decisions, help you set realistic client expectations, and ultimately deliver better results. About 17,000 medical malpractice cases are filed each year in the US ( Science Direct ).

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Injury Lawyer Law Law Attorney 52

Eric Goldman

FEBRUARY 7, 2025

Plaintiffs will still opt into the Third Circuit, so the Fourth Circuit’s sanity-check won’t save many defendants. The court also doesn’t engage with the similar lawsuits related to the Buffalo mass-murder, another act of domestic terrorism by a radicalized white supremacist. 2025 WL 377750 (4th Cir.

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Debevoise Data Blog

JUNE 4, 2025

Now, courts will have the benefit of a “pre-publication” version of the Copyright Office’s long-awaited Report on Generative AI Training (the “May 2025 Report”). In the meantime, the May 2025 Report offers the only guidance to date from the Office regarding how it sees the question of fair use in the context of generative AI.

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Intellectual Property Court Time-tracking Failure-to-appear 52

Eric Goldman

JUNE 26, 2025

This is a confusing lawsuit that has been through several names, including “Sarah v. Plausible allegations that YouTube “generally benefitted from sex traffickers’ use of [its platform]” do not establish that YouTube’s “own conduct” violated section 1591 Case Citation : In re YouTube Trafficking Litigation , 2025 WL 1745759 (N.D.

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Lawsuit Litigator Litigation Court 95

Eric Goldman

MAY 22, 2025

Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. This decision largely rejects the defendants’ motion to dismiss, which will induce more plaintiff lawyers to bring more cases. What happens at the end of these lawsuits remains to be seen.

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lennyesq

JUNE 27, 2025

Immigrants rights’ advocates today filed a new nationwide class-action lawsuit challenging the Trump administration’s executive order restricting birthright citizenship. The lawsuit is in response to today’s Supreme Court ruling that potentially opens the door for partial enforcement of the executive order. CONCORD, N.H.

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Lawsuit Defendant Court Litigator 69

Eric Goldman

JANUARY 11, 2025

In the last month, two more copyright lawsuits over city council videos have triggered my alerts. Kilgore might need better legal advice on copyright law…but also, see my post on the Lenz case predicting that all 512(f) defendants had to do is say “yeah, I thought about fair use” and they would get a free pass.

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Martindale-Avvo

MAY 6, 2025

In 2025, expect activity against these large entities to continue. Guidance from the Department of Justice (DOJ) and expert commentary implies more of the same in antitrust in 2025. Antitrust attorneys defend companies against these claims. The post Antitrust Law Landscape in 2025 appeared first on Martindale-Avvo.

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Law Law Lawsuit Defendant 52

Eric Goldman

MARCH 27, 2025

The panel says wearily that “This action is Loomers fourth lawsuit about this alleged conspiracy” but sidesteps the obvious res judicata problem. All of those prior lawsuits failed, and this one does too, in a perfunctory memo opinion. It’s hardly surprising that Loomer lost this lawsuit. March 27, 2025).

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Lawsuit Failure-to-appear Court Defendant 52

Eric Goldman

JULY 19, 2025

complaint filed July 7, 2025), a copyright case brought by Darrell Bush. “Joining often hundreds of defendants on a Schedule, particularly in a case involving a number of disparate marks or copyrights, is likely to run afoul of Rule 20. .” Instead, it appeared on the docket of BUSH v. ” ex parte TROs.

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Judge Defendant Court Litigator 57

Eric Goldman

APRIL 10, 2025

All of the named Senators deserve condemnation for their censorial mindset (and the named individuals remaining in the Senate have learned nothing from this and the other lawsuits over their jawboning). 2025 PA Super 78 (Pa. April 3, 2025) Selected Jawboning Posts Robert F. Case Citation : Armslist LLC v. Facebook, Inc.

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Lawsuit Court Defendant Judge 52

Eric Goldman

JUNE 13, 2025

The court grants both defendants summary judgment. McAleer , 2025 WL 1564869 (D.N.J. June 3, 2025) Selected Jawboning Posts Facebook Defeats Armslist’s Account Termination Lawsuit–Armslist v. Missouri Jawboning Defendants Are 6-for-6 in the Ninth Circuit–Hart v. Facebook Robert F. Kennedy Jr.

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Lawsuit Court Defendant Judge 70

Eric Goldman

APRIL 17, 2025

For more on Chase’s tragedy, see the People magazine story or the Social Media Victims Law Center’s press release about the lawsuit. TikTok defended on Section 230 grounds. TikTok defended on Section 230 grounds. This is a standard argument in minors’ lawsuits against social media). April 14, 2025).

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Lawsuit Defendant Failure-to-appear Court 64

Eric Goldman

MAY 1, 2025

The account termination lawsuits keep coming , so I’ll keep blogging them. 2025 WL 1249157 (D. April 29, 2025) This is a pro se/in pro per case. Plaintiff also does not allege that any Defendant performed a traditionally public function. 2025 WL 1237550 (N.D. April 28, 2025) Another pro se/in pro per case.

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Court Lawsuit Defendant Litigator 72

lennyesq

JULY 2, 2025

A new lawsuit filed in Maryland federal court details disturbing allegations: The Case : Kilmar Abrego Garcia had legal protection from deportation to El Salvador (a “withholding of removal” order from 2019) What Allegedly Happened : • March 2025: ICE arrested him despite legal protections • He was forcibly deported to El Salvador • Detained (..)

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Court Lawsuit Defendant Law 40

Eric Goldman

MAY 12, 2025

[Note: lawsuits over takedown notice attacks occur occasionally. An allegation that “a defendant filed false Amazon counterfeit reports” is sufficient to state a claim. This is true even if the defendants made its associated fact claims to Amazon “under penalty of perjury.” 2025 WL 1226629 (S.D.N.Y.

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