Article, Defendant and Failure-to-appear

When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

NOVEMBER 16, 2024

The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot at right). The defendant, Kalita Mukul Creative, ran community-focused newsletters. Not willful.

Court

Court Defendant Failure-to-appear Litigator

Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

Eric Goldman

APRIL 25, 2025

Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s Plaintiffs further allege that D.G.s gaming has resulted in serious harm, including emotional distress, lost friends, and problems in school. from liability. YOLO , MP v.

Lawsuit

Lawsuit Defendant Court Failure-to-appear

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

Debevoise Data Blog

NOVEMBER 12, 2024

Among the DMCA’s provisions were Section 1202’s protections for CMI: identifying information about the source of the copyrighted work and its owner that is commonly attached to the work via a physical marking, such as a watermark, or in the metadata of file, and which also includes information like the name of an author on an online article.

Intellectual Property

Intellectual Property Defendant Failure-to-appear Litigation

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Misidentified Person Loses Defamation Claim Against Tabloid–Bloom v. A360

Eric Goldman

JUNE 7, 2024

US Weekly published two articles on the story and posted to Instagram. First, the plaintiff didn’t connect this lack of diligence to the article’s author. Elon Musk “secretly” fathered twins with his subordinate Shivon Zilis. When the news came to light, it triggered a “tabloid feeding frenzy.”

Failure-to-appear

Failure-to-appear Defendant Lawsuit Court

The SAD Scheme as an Institutional Failure

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. [These are my rough-draft talk notes from a recent workshop of trademark law professors.]

Defendant

Defendant Judge Failure-to-appear Court

Snapchat Isn’t Liable for Offline Sexual Abuse–VV v. Meta

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. cite to LW v. Cite to Doe v.

Defendant

Defendant Failure-to-appear Court Judge

4 Strategies for Preventing and Handling Frivolous Lawsuits

Lawmatics

SEPTEMBER 13, 2023

In this article, we’ll go over some of the most effective strategies to not only handle frivolous lawsuits but effectively prevent them. It may even get to the point where the media covers the case which can change public perception of the defendant and negatively impact both personal and professional relationships.

Lawsuit

Lawsuit Defendant Judge Failure-to-appear

Recent UW Law Faculty Scholarship: Supervising Sentencing; Robust Electoral Competition: Rethinking Electoral Systems to Encourage Representative Outcomes; Independence Reconceived; Is the Constitution of 1787 a White Supremacist Document? Against Essentialism in Constitutional Interpretation; and May 30, 1787

Wisblawg

APRIL 26, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. This Article offers a descriptive and theoretical account of community supervision’s sentencing role in state courts. Supervising Sentencing 57 UC Davis L.

Failure-to-appear

Failure-to-appear Law Law Defendant

Credential Stuffing Continues: Practical Guidance to Protect Customer Information

Debevoise Data Blog

JANUARY 31, 2022

On January 5, 2022, the NYAG’s Bureau of Internet and Technology published a Business Guide for Credential Stuffing Attacks , which was the result of a months-long investigation uncovering widespread failures of companies to effectively combat credential stuffing attacks on their customers. What Is Credential Stuffing?

Failure-to-appear

Failure-to-appear Defendant Compliance Software

Dark Patterns: What Are They and How Can Companies Avoid Regulatory Scrutiny?

Debevoise Data Blog

OCTOBER 12, 2022

There has been significant regulatory attention recently to “dark patterns,” including FTC guidance , state privacy laws , and state and federal enforcement actions. Some of this activity involves new regulations, and some is based on decades-old consumer protection laws that prohibit unfair and deceptive practices.

Failure-to-appear

Failure-to-appear Attorney Defendant Law

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

Court

Court Failure-to-appear e-discovery e-records

Internet Access Providers Face Contributory Copyright Liability for Subscribers’ Infringements–UMG v. Grande

Eric Goldman

OCTOBER 13, 2024

The court distinguishes Grande’s provsiion of services from the vending of staple articles in commerce: Grande provides its subscribers with internet services on a continuous basis in exchange for regular monthly subscription fees. As usual, a key non-litigant is Rightscorp, which sent 1.3M NOCIs to Grande between 2011 and 2017.

Court

Court Failure-to-appear Defendant Lawsuit

Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional

Eric Goldman

SEPTEMBER 19, 2023

Many recent laws essentially mirror the “protect the kids online” initiatives of the 1990s and early 2000s, all of which failed as unconstitutional. In 1996, Congress passed the Communications Decency Act (CDA) to restrict minors’ access to indecent and patently offensive content online.

Court

Court Judge Defendant Failure-to-appear

Preliminary Copyright Office Guidance on Fair Use and AI Provides Some Answers, But Questions Remain

Debevoise Data Blog

JUNE 4, 2025

There are dozens of cases pending against AI developers stemming from their use of copyrighted works to train generative AI models. In response, developers have uniformly asserted that such use is a fair use. The new Registrar could revise the report, or never make it official in any form. Many uses, however, will fall somewhere in between. [2]

Intellectual Property

Intellectual Property Court Time-tracking Failure-to-appear

Danielle Keats Citron is Right, Protecting Intimate Privacy is a Freedom of Expression Issue

Berkley Technology Law Journal

OCTOBER 3, 2023

In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?

Failure-to-appear

Failure-to-appear Court Defendant Federal law

Legal Tech Connection

When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

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Trending Sources

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

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Misidentified Person Loses Defamation Claim Against Tabloid–Bloom v. A360

The SAD Scheme as an Institutional Failure

Snapchat Isn’t Liable for Offline Sexual Abuse–VV v. Meta

4 Strategies for Preventing and Handling Frivolous Lawsuits

Credential Stuffing Continues: Practical Guidance to Protect Customer Information

Dark Patterns: What Are They and How Can Companies Avoid Regulatory Scrutiny?

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Internet Access Providers Face Contributory Copyright Liability for Subscribers’ Infringements–UMG v. Grande

Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional

Preliminary Copyright Office Guidance on Fair Use and AI Provides Some Answers, But Questions Remain

Danielle Keats Citron is Right, Protecting Intimate Privacy is a Freedom of Expression Issue

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