Eric Goldman

APRIL 11, 2025

Schedule A Defendants Now Available: the Published Version of My SAD Scheme Article In a SAD Scheme Case, Court Rejects Injunction Over Emoji Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for Fraud on the CourtXped v.

Defendant

Eric Goldman

NOVEMBER 25, 2024

By combining independent cases, a SAD Scheme plaintiff creates (in this case) 103 separate lawsuits that each require judicial attention, but without having overcome the gatekeeping function of the initial filing fee. The latter point about judicial economy gets at the heart of how the SAD Scheme abuses the filing fee.

Defendant

Eric Goldman

AUGUST 1, 2025

Anytime people are making or losing large amounts of money, lawsuits are inevitable. Last week, we got the first published (precedential) appellate opinion in a federal lawsuit concerning NFTs: Yuga Labs, LLC v. As I explained in my article Non-Fungible Tokens (NFTs) and Copyright Law , there is nothing in U.S. Ryder Ripps , No.

Defendant

Eric Goldman

NOVEMBER 17, 2024

Schedule A Defendants Now Available: the Published Version of My SAD Scheme Article In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v.

Judge

Eric Goldman

MAY 28, 2025

Schedule A Defendants Now Available: the Published Version of My SAD Scheme Article In a SAD Scheme Case, Court Rejects Injunction Over Emoji Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for Fraud on the CourtXped v.

Defendant

Eric Goldman

JUNE 6, 2025

The lawsuit boils down to two key allegations, (1) OpenAI uses copyrighted content to train their LLMs, and (2) occasionally spews out copyrighted content in its answers to customer queries. Notably, New York Times reporter Cade Metz wrote an article about what OpenAI was doing more than three years before the filing of the complaint.

Defendant

lennyesq

NOVEMBER 22, 2024

The lawsuit in question was filed in late 2023, alleging that OpenAI and Microsoft used articles from the Times to train ChatGPT and other models and readily displayed the content of articles from the newspaper when asked – all without permission, the Times claimed. Read more…

Lawyer

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 will harshly criticize these so-called child online safety laws in my Segregate-and-Suppress article. FOLLOW ME THERE! Emoji Law Cases Are.

Law

Eric Goldman

FEBRUARY 7, 2025

Facebook ] For instance, newspaper editors choose what articles merit inclusion on their front page and what opinion pieces to place opposite the editorial page. 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.

Judge

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. To be clear, the ruling I’m blogging today isn’t a SAD Scheme case. However, it highlights another problem with SAD Scheme cases.

Defendant

Debevoise Data Blog

JUNE 4, 2025

On May 9, 2025, the Office issued a “pre-publication” version of its third report, which focuses on generative AI training and on which this article focuses. Many uses, however, will fall somewhere in between. [2] As noted above, the Trump administration dismissed the Register of Copyrights Shira Perlmutter on May 10, 2025.

Intellectual Property

Eric Goldman

JULY 19, 2025

Schedule A Defendants Now Available: the Published Version of My SAD Scheme Article In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v.

Judge

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. violations; but I also think it’s clear this lawsuit is going to fail eventually. Their efforts have not been going well.

Defendant

Eric Goldman

NOVEMBER 8, 2024

Schedule A Defendants Now Available: the Published Version of My SAD Scheme Article In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v.

Judge

Eric Goldman

MAY 12, 2025

[Note: lawsuits over takedown notice attacks occur occasionally. Fackrell’s article ). I’m blogging this case as an exemplar, not because it’s unique.] This case involves two Amazon marketplace merchants, GM Photo (operating as Digital Village) and Focus Camera. For more on the nomenclature problem, see Prof.

Court

Above the Law - Technology

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. “The article’s allegations are clearly defamatory as they accuse the plaintiff of criminal activity.”

Lawsuit

Eric Goldman

MARCH 9, 2023

The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. I will turn in my edit-ready version to the journal in a couple months, so I have time to incorporate comments. I would welcome yours.

Intellectual Property

Kevin O'Keefe

NOVEMBER 1, 2023

No one could have envisioned the “travelings” of a book, an article or a legal blog post. A searchable database revealed that thousands of books were used “without permission,” causing some authors to express outrage and even launch lawsuits against Meta. When successful, art exceeds its creator’s plans. So true in these days of AI.

Lawsuit

Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

Intellectual Property

Trellis.Law Blog

MARCH 7, 2024

Approximately 41,000 civil lawsuits are filed daily in the U.S., Read Our Article… Continue reading → The post ⚡Primer on Using State Court Trial Data for Business and Competitive Intelligence first appeared on Trellis.Law Blog. and 97% circulate at the circuit and county level.

Court

Clio

JANUARY 24, 2024

This issue—the source of LLM learning—was put front and center when the New York Times recently brought a federal copyright infringement lawsuit against OpenAI (the creator of ChatGPT) and Microsoft. The lawsuit alleges that OpenAI used copyrighted articles from the New York Times to create “substitutive products” without their consent.

Machine learning

LLRX

SEPTEMBER 28, 2024

On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness.

Lawsuit

Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

Lawsuit

Vogel IT Law

DECEMBER 29, 2023

BankInfoSecurity.com reported “Google reached a preliminary settlement in a class action lawsuit that alleged the tech giant had misled consumers about their privacy protections when using the private browsing Incognito mode of its Chrome web browser.” ” Since +95% of all lawsuit settle without trial this is no surprise! .”

Lawsuit

LLRX

OCTOBER 8, 2022

On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness.

Lawsuit

Eric Goldman

JUNE 23, 2023

This article gives some background on Fyk’s story). His lawsuit against Facebook was dashed by Section 230 in the district court. Fyk’s alleged injury has no connection whatsoever to any conduct by the United States, the only defendant in this lawsuit. Fyk’s lawsuit does not accurately describe Section 230.”]

Lawsuit

Eric Goldman

DECEMBER 12, 2023

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. Independent lawsuits against 1,099 defendants would cost $440,000+ in filing fees.

Defendant

LLRX

FEBRUARY 11, 2024

On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness. health care providers deal with hundreds of data breaches every year.

Machine learning

LLRX

JANUARY 21, 2023

On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness.

Lawsuit

Vogel IT Law

JANUARY 25, 2024

NOT A SURPRISE SINCE 95% OF ALL LAWSUITS SETTLE that Computerworld.com reported that “While details of the settlement have not been disclosed, Google’s lawyers, reportedly, maintain that the internet giant did not violate Bates or Singular’s patents in any manner.” The January 25, 2024 article entitled “Google settles $1.7

Lawsuit

LLRX

JULY 15, 2023

On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness.

Lawsuit

Eric Goldman

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. Twitter * “Material Support for Terrorism” Lawsuit Fails a Third Time–Colon v. Twitter * Another Social Media “Material Support to Terrorists” Lawsuit Fails–Cain v.

Lawsuit

Global LegalTech Hub

JULY 23, 2024

In the United States , several class-action lawsuits are ongoing. Recently, The New York Times filed a lawsuit against Microsoft and OpenAI for copyright infringement. They also claim that millions of their news articles, research, opinion pieces, reviews, and practical guides have been copied.

Intellectual Property

Legal IT Group

APRIL 28, 2023

In March 2023, Meta Platforms lost a class action lawsuit against the Dutch Data Privacy Stichting in an Amsterdam court, acting in conjunction with the Consumentenbond, the Dutch Consumers’ Association. Earlier, the UK court dismissed another class action lawsuit against Facebook for incorrect calculation of damages.

Data protection

Eric Goldman

JUNE 7, 2024

US Weekly published two articles on the story and posted to Instagram. The court dismisses Bloom’s lawsuit against US Weekly. First, the plaintiff didn’t connect this lack of diligence to the article’s author. If a defamation lawsuit is subject to the actual malice requirement (i.e., Defamation.

Failure-to-appear

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. I bet most of Roblox’s lawsuit would unravel if the judge simply asked Roblox the obvious follow-up question, i.e., “what evidence do you have for each of the other 250 defendants that they sold infringing items in Illinois? Seriously, Roblox?

Defendant

Eric Goldman

APRIL 28, 2024

” 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. Given that plaintiffs often need the filing fee savings to make SAD Scheme cases cost-effective, I expect this lawsuit to dissolve completely.

Defendant