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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

Lloyd sued Facebok for a variety of claims (I initially described the suit as “a standard kitchen-sink pro se lawsuit against Facebook”). Neither the statutory language nor the case law suggests that applicability of 230(c)(1) turns on the type of third-party speech involved. Case Citation : Lloyd v.

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Reddit Challenges Anthropic’s Scraping to Create Generative AI Models (Guest Blog Post)

Eric Goldman

by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping. And there is a legal regime dedicated to that issue, and it’s called copyright law. OpenAI and Google are paying Reddit to access Reddit content.

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Seven Tips for Reducing CCPA Litigation Risks – Lessons from the First 18 Months

Debevoise Data Blog

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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Everything You Need to Know About Motion Practice 

CaseFox

Motion practice shapes the case, and if you want to handle your cases more professionally, understanding motion practice is essential. Legal motions allow parties to assert their rights, and seek relief from the court regarding certain cases. This motion asks the court to dismiss the case.

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Who Owns Social Media Accounts?–In re Bang Energy Drinks

Eric Goldman

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

Eric Goldman

Oracle software case. (See See my commentary on that case here.) For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No.

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

Debevoise Data Blog

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.