Eric Goldman

MARCH 28, 2025

Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. This blog post covers the YOLO case remand after that Section 230 ruling. I don’t know.

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Defendant Lawsuit Court Judge 82

Eric Goldman

NOVEMBER 17, 2024

This is a copyright SAD Scheme case before Judge Harjani , appointed to the Northern District of Illinois ealirer this year. In this ruling, Judge Harjani questions joinder on his own initiative. In this ruling, Judge Harjani questions joinder on his own initiative. But I did blog one such case recently (Dongguan Juyuan v.

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Judge Defendant Court Time-tracking 52

Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. 6] Despite these challenges, plaintiffs are not slowing down, and new lawsuits were filed at a steady clip over the course of 2024.

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Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

DECEMBER 20, 2024

This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. Prior blog post. The lower court judge should feel good about his work. Nevertheless, the lower court judge wrote a strong and thoughtful opinion that held up on appeal.

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Judge Court Lawsuit Litigator 72

Eric Goldman

MAY 20, 2025

But I’m pretty sure getting 8-75 likes at Instagram, especially for posts that might be considered thirst traps, isn’t impressive, and I think the court is silently judging that. ” I will have you know that I am fully showered and wearing (mostly) clean clothes (and not my jammies) as I write this blog post.

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Defendant Court Judge Lawsuit 106

Clio

APRIL 17, 2025

Further insights could be gleaned based on the type of case, jurisdiction, judge, or even opposing counsel. If your plaintiffs firm is consistently appearing before a judge that statistically favors motions to dismiss from defendants, you can factor that into your revenue projections and estimated timelines. The result?

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Analytics Law firm Law Law 52

Eric Goldman

APRIL 11, 2025

Prior Blog Posts on the SAD Scheme Serial Copyright Plaintiff Lacks Standing to Enforce Third-Party CopyrightsViral DRM v 7News Another N.D. Judge Balks at SAD Scheme JoinderZaful v. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Schedule A Defendants Another Judge Balks at SAD Scheme JoinderXie v.

Defendant 52

Defendant Court Judge Lawsuit 52

Eric Goldman

MAY 28, 2025

In other circumstances where a SAD Scheme plaintiff gets caught making a serious litigation error, the judge typically will resolve the motion on its desk and move on. If I were a judge, and I realized that Modlily’s bad case prep had led me to grant extraordinary relief to Modlily, I would be PISSED.

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Defendant Judge e-filing Court 57

Eric Goldman

MAY 7, 2025

”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? This lawsuit was filed in early January. Kudos to the judge for getting this case to a resolution in four months. Nivoda appeared first on Technology & Marketing Law Blog. May 2, 2025).

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Lawsuit Defendant Judge Court 59

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. Thus far, the entire lawsuit failed on prima facie grounds, before the court reached Section 230.

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Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

MARCH 4, 2025

I’m blogging this otherwise-routine opinion because I blogged another opinion involving Viral DRM where it tried a SAD Scheme attack on various YouTube uploaders. To be clear, the ruling I’m blogging today isn’t a SAD Scheme case. 28, 2025) Prior Blog Posts on the SAD Scheme Another N.D. Alibaba N.D.

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Defendant Judge Lawsuit Court 52

Eric Goldman

OCTOBER 23, 2024

Prior blog post on the district court ruling. Back in the old days, judges were baffled by keyword advertising. ” Wow, talk about appellate judge making up facts. The Concurrence In her concurrence, Judge Desai would have gone further to say that competitive keyword advertising isn’t a trademark use in commerce.

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Lawsuit Judge Defendant Court 105

Eric Goldman

DECEMBER 27, 2024

Bell has filed at least 25 copyright lawsuits. Two prior blog posts on Bell’s litigation efforts: Fair Use Protects High Schools Use of Inspirational MemeBell v. The judge doesn’t appear to be a fantasy/sci-fi fan, because better candidates for most-read literary works would include the Harry Potter and Tolkien series.

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Court Lawsuit Litigator Litigation 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. Just one day later, on June 25, 2025, Judge Chhabria handed down a decision in Meta , which cited Anthropic.

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Court Defendant Judge Litigation 52

Eric Goldman

FEBRUARY 15, 2025

I imagine many judges would have been less sanguine about the defendant’s mistakes/sloppy practices. The post Copyright Owner Prevails in Lawsuit Over Form Contracts–Equine Legal v. Fireline Farms appeared first on Technology & Marketing Law Blog. 12, 2025) Want more about the Internet law of horses?

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Lawsuit Defendant Court Judge 52

Eric Goldman

APRIL 12, 2025

A few recent copyright cases worthy of blog coverage, but not worthy of a standalone post. Shockingly, the plaintiff didnt contest any of the other 512 elements, so Joybuy defeats the lawsuit. I can’t tell why the plaintiff’s narrative fell so flat before this judge, but I don’t know how repeatable this ruling is.

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Defendant Court Lawsuit e-filing 57

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. In those cases, the district court judge has drawn its distinctions between claims based on third-party content and claims that don’t depend on the content per se. Salesforce * Omegle Defeats Lawsuit Over Users CappingMH v. Case Citation : Doe v.

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

APRIL 21, 2025

Prior blog post. ” Judge Ho concurs in the judgment, saying that he agrees with Justice Thomas’ dissent in Brown v. However, because Justice Thomas’ view didn’t carry the day then, Judge Ho grudingly is forced to apply the actual law. Bonta Section 230 Defeats Underage Users Lawsuit Against GrindrDoll v.

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Court Law Law Judge 92

Eric Goldman

DECEMBER 6, 2024

Still, it’s a troubling ruling as a standalone microcosm of how judges’ attitudes towards censorship and free speech are flexible. Garland appeared first on Technology & Marketing Law Blog. Trump * WeChat Executive Order Enjoined Because (Of Course) Its UnconstitutionalWeChat Users v.

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Court Defendant Lawsuit Law 64

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. Many judges have turned against Section 230, so we’re seeing a proliferation of jurisprudential experimentation with ideas of how to gut it.

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Law Law Court Lawsuit 102

Eric Goldman

JULY 14, 2025

Policymakers who support harming children–intentionally or not–deserve our opprobrium…and maybe do not deserve our votes… Blog Posts on Segregate-and-Suppress Obligations Prof. Bonta Section 230 Defeats Underage User’s Lawsuit Against Grindr–Doll v. Paxton Snapchat Isn’t Liable for Offline Sexual Abuse–VV v.

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Court Lawsuit Judge Law 70

Eric Goldman

APRIL 15, 2025

March 31, 2025) Blog Posts on Segregate-and-Suppress Obligations Why I Emphatically Oppose Online Age Verification Mandates Californias Age-Appropriate Design Code (AADC) Is Completely Unconstitutional (Multiple Ways)NetChoice v. Bonta Section 230 Defeats Underage Users Lawsuit Against GrindrDoll v. Case Citation : NetChoice LLC v.

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Court Lawsuit Judge Law 64

Eric Goldman

FEBRUARY 7, 2025

Given how judges have turned against Section 230, at this point any appellate ruling that applies Section 230 without narrowing its scope is important. The majority says that if 230 is a policy problem, the “question whether, and to what extent, Section 230 should be modified is a question for Congress, not for judges.”

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Judge Court Defendant Lawsuit 64

Eric Goldman

NOVEMBER 27, 2024

But the plaintiffs found a judge who gave them enough benefit of the doubt to survive a motion to dismiss. violations; but I also think it’s clear this lawsuit is going to fail eventually. Amazon appeared first on Technology & Marketing Law Blog. That’s a litigation strategy, I guess. Amazon.com, Inc.

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Defendant Law Law Court 77

Eric Goldman

JUNE 26, 2025

[Note: my blogging hiatus is due to a trip to China. I will return to the US this weekend and presumably resume my regular blogging cadence then.] This is a confusing lawsuit that has been through several names, including “Sarah v. Salesforce * Omegle Defeats Lawsuit Over User’s “Capping”–MH v.

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Lawsuit Litigator Litigation Court 96

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. What happens at the end of these lawsuits remains to be seen. That, combined with the novelty of Generative AI and the judge’s uncertainties about the technology, flummoxes the judge.

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Lawsuit Defendant Court Failure-to-appear 93

Eric Goldman

APRIL 14, 2025

” If that phrase sounds familiar, it’s because I’ve been referencing this paper on the blog for months. Bonta Section 230 Defeats Underage Users Lawsuit Against GrindrDoll v. Yost Many Fifth Circuit Judges Hope to Eviscerate Section 230Doe v. Reyes Another Texas Online Censorship Law Partially EnjoinedCCIA v.

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Court Lawsuit Judge Law 59

Eric Goldman

JULY 19, 2025

Judge Nicholas Ranjan of the Western District of Pennsylvania has issued a standing order titled “‘ SCHEDULE A’ CASE STANDING ORDER.” ” I couldn’t find the order on Judge Ranjan’s website or via standard Google searches. Instead, it appeared on the docket of BUSH v. ” ex parte TROs.

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Judge Defendant Court Hearing 57

Eric Goldman

FEBRUARY 24, 2025

I’m continuing my coverage of the blog’s 20th blogiversary. I asked readers to share their favorite blog topics, posts, and memes. ” __ “I’ve always turned to your blog when SCOTUS copyright decisions come down. Readers’ Favorite Topics “the emoji law genre.

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Lawsuit e-filing Court Litigation 52

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). Facebook Another Jawboning Case Fails in the 9th Circuit (But a TAFS Judge Doesnt Like the Biden Administration)Rogalinksi v.

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Lawsuit Court Defendant Judge 52

Richmond Journal of Law and Technology

APRIL 12, 2025

3] The city of Norfolk has deployed 172 ‘Flock Safety’ ALPRs, resulting in numerous lawsuits. [4] 6] The lawsuit seeks declaratory and injunctive relief that would constitute the use of these cameras as a Fourth Amendment violation and would permanently enjoin the City of Norfolk and its police department from operating the Flock cameras. [7]

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Judge Lawsuit Time-tracking Court 52

Eric Goldman

JANUARY 11, 2025

I did a fairly lengthy blog post on the intersection of copyright law and city council videos a decade ago; and see this piece by Frank LoMonte about the intersection between copyright law and FOIA laws for government records. In the last month, two more copyright lawsuits over city council videos have triggered my alerts.

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Court Judge Defendant Case predictions 40

Eric Goldman

NOVEMBER 8, 2024

I’ll restart my normal blogging, but I’m having trouble focusing.] This is a design patent SAD Scheme case before Judge Jeremy C. The joinder problems should be obvious even without any past litigation experience, but at least the judge is now preemptively asking the right questions.

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Judge Defendant Lawsuit Court 80

Eric Goldman

JUNE 13, 2025

I’m primarily blogging this for the Section 230 discussion, but the Vullo/jawboning discussion is also in-scope. June 3, 2025) Selected Jawboning Posts Facebook Defeats Armslist’s Account Termination Lawsuit–Armslist v. Google Facebook Defeats Jawboning Lawsuit Over COVID Misinformation Removal–Rogalinski v. Kennedy Jr.

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Lawsuit Court Defendant Judge 70

Eric Goldman

MAY 1, 2025

The account termination lawsuits keep coming , so I’ll keep blogging them. his first-hand experiences losing this lawsuit might give the plaintiff more inspiration for future political cartoons. Google Twitter Account Suspension Lawsuits Keep FailingHall v. Houston Another Anti-Vaxxer Jawboning Lawsuit FailsICAN v.

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Court Lawsuit Defendant Litigation 72

Eric Goldman

DECEMBER 16, 2024

” A reminder that Section 230 cases often require the judges to apply the immunity to tragic facts. Yet, its wording was cumbersome enough that plaintiffs have nevertheless sought to overturn that modification–and have gotten some district court judges to agree along the way. raise the scienter bar.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

OCTOBER 26, 2024

This is another lawsuit against Grindr claiming that Grindr made it too easy for underage users to sign up and meet other users for sex. A commendation to Judge Jerry D. Prior Blog Posts About Grindr Five Decisions Illustrate How Section 230 Is Fading Fast ‘Scruff’ App Qualifies for Section 230 Immunity–J.R. Pelphrey, 2024 Ky.

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Lawsuit Court Judge Defendant 111