Eric Goldman

MARCH 11, 2025

Less distressing but equally true (if only marginally less dated a cultural reference) is that the Internet is for porn. While online services inevitably get used for both types of content, service providers tend to treat them very differently, given that adult pornography is generally legal in the U.S. whereas CSAM is illegal everywhere.

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Eric Goldman

FEBRUARY 18, 2025

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” and is “a description of its moderation policy.”

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Debevoise Data Blog

JUNE 4, 2025

To date, despite years of litigation, those cases have resulted in just one opinion: a District of Delaware order that arose outside of the generative AI context and rejected the fair use defense as a matter of law. In response, developers have uniformly asserted that such use is a fair use.

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Eric Goldman

MAY 22, 2025

One possible outcome is that intermediate plaintiff wins like this opinion offer false hope for the long-term success of this litigation genre. 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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Eric Goldman

MARCH 27, 2025

My blog post on the district court opinion (I focused on the 230 issue, but this ruling turns on the failure of the prima facie elements). The panel says wearily that “This action is Loomers fourth lawsuit about this alleged conspiracy” but sidesteps the obvious res judicata problem.

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Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. Bright Data didn’t stop.

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Eric Goldman

MARCH 29, 2023

Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.

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Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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Eric Goldman

NOVEMBER 6, 2023

Previous blog post. This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. The Ninth Circuit reverses. While the Copyright Act expressly says choreography is copyrightable, it doesn’t define what “choreography” means.

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Eric Goldman

MARCH 8, 2024

If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year. As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value).

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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.

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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?

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Eric Goldman

OCTOBER 17, 2023

For unexplained reasons, it does not appear that the defendants are invoking the 512 defense. Kiwi Farms, operated by Joshua Moon, is best known for coordinating cyberattacks on individuals , especially people with disabilities. CloudFlare’s block ). ” Greer emailed Moon asking to remove the book. Direct Infringement.

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Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Joseph v.

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Debevoise Data Blog

JUNE 22, 2021

In this Debevoise Data Blog post, we offer practical tips for reducing CCPA risk based on a review of the cases filed to date and the treatment of those cases in the courts. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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Eric Goldman

JANUARY 24, 2024

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. Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable.

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Eric Goldman

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. Twitter, Inc. Taamneh , No.

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CloudNine

MARCH 25, 2024

Failure to meet these deadlines can result in severe consequences. Legal Compliance: Ensuring compliance with various public records laws requires agencies to navigate complex requirements, with failure leading to legal consequences. This includes staffing and technology, making it difficult to process requests efficiently.:

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Eric Goldman

AUGUST 11, 2023

In re: StubHub Refund Litigation , No. Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. 22-15879 (9th Cir. Citing Sellers v.

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Debevoise Data Blog

JANUARY 21, 2021

In this post, we look back at the 2020 European data protection landscape and five trends that help companies understand not only where we are, but where data protection enforcement, litigation, and practice may be headed. DPAs face difficulties in making fines stick Regulators appeared to have a difficult time making penalties stick.

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CaseFox

JUNE 29, 2023

Legal motion management is an essential aspect of the litigation process. If you’re eager to delve deeper into the world of legal motion, this blog can be helpful for you. For lawyers, attorneys, and parties involved in the litigation, it is necessary to understand the legal motion practice.

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AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

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AXDRAFT

FEBRUARY 17, 2023

As for payment details, if they’re ambiguous or unstipulated, disagreements can occur, leading to breaches and litigation. Your company’s performance can be defined by how well you sell and how you buy. Regardless of the industry, there are always two sides to every deal, and you’ve likely been on both at one time or another.

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Eric Goldman

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. As a result, the court finds that much of the lawsuit is a SLAPP.

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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).

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Eric Goldman

APRIL 29, 2023

I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. See this ruling for another example of the same parlor trick).

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Eric Goldman

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. Despite the importance of those Fall 2023 rulings, I never blogged either. My coverage of the federal court non-dismissal will forevermore remain in blog purgatory.

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Eric Goldman

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. The court doesn’t endorse this test.

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Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

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CloudNine

SEPTEMBER 25, 2023

She recommends you know your data location and line it up with common litigation issues you face. By Catherine Ostheimer Legal innovators gathered in New York City last week for a one-day legal tech conference with customized knowledge session tracks for law firms and in-house legal teams. If we do not have it, it cannot be stolen.”

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Eric Goldman

JANUARY 26, 2024

The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Further, the disparagement agreement is not limited by common-law defamation requirements. * LEXIS 125429 (M.D.

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Legal Tech Monitor

MAY 10, 2023

We were unable to license an estates and trusts module as well as the Litigator suite from Thomson Reuters at one library at which I worked. There’s nothing worse than when something gets in the way of the customer being served. Sometimes it’s within our control to remedy and sometimes it’s not. Is it a permanent issue?

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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CloudNine

AUGUST 1, 2024

You can view more of their tips in their recently published blog, “ Data, Documents and the eDiscovery Review Process – Are We Doing It Right? A second conference the following day was held on “soft skills” provided valuable tips on enhancing your communication skills and your career was emceed by Rich Robinson of Toyota. .

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Eric Goldman

SEPTEMBER 19, 2023

[I will blog the NetChoice v. ACLU, saying that filtering solutions were less restrictive than server-side content controls (it took another 5 years of litigation before the challenges were fully resolved). Bonta ruling very soon.] This isn’t a partisan thing; both Democrats and Republicans do it.

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Eric Goldman

JUNE 5, 2025

Jess Miers (with additional comments from Eric) Generated by ChatGPT Two things can be true: Non-consensual intimate imagery (NCII) is a serious and gendered harm. And, the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, a/k/a the TAKE IT DOWN Act , is a weapon of mass censorship.

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Debevoise Data Blog

MARCH 16, 2023

Such a fundamental shift will create new litigation and potentially upend breach response. Privacy Regulations: The Administration appears to be using the Strategy to promote federal legislation to impose clear limits on the collection, use, transfer and maintenance of personal data, i.e., federal privacy regulation.

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