Eric Goldman

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. This case represents the latter circumstance. This case is about punishing the Defendants for their speech.

Court 94

Court Litigator Litigation Defendant 94

Discovery Advocate

JUNE 7, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court e-discovery Defendant e-records 52

Discovery Advocate

JUNE 8, 2023

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Court 52

Court e-discovery Defendant e-records 52

Eric Goldman

DECEMBER 13, 2023

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Judge Court Defendant State law 78

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. The case law in the Ninth Circuit — the other appellate circuit central to developing copyright law, especially regarding new technologies — seems to support the Seventh Circuit’s majority approach.

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Court Litigator Litigation Case law 90