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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

The defendant, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.

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Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

The court dismisses the case entirely with leave to amend. The court responds: “Plaintiffs do not clearly identify the ‘product’ at issue or the ‘design defect’ it allegedly contains.” Thus, to remedy the alleged defect, Defendants would have to change the content posted on their platforms.

Court 59
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Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

Eric Goldman

The court summarizes the plaintiffs’ allegations: D.G. Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s The court dismisses Roblox, Google, and Apple from the case. Plaintiffs further allege that D.G.s

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Roblox Must Defend Illegal Gambling Claims–Colvin v. Roblox

Eric Goldman

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court is unpersuaded. The court doesn’t appreciate this argument: these are children we’re talking about. [A reminder that I don’t do April Fools’ pranks.] Statutory Standing.

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google

Eric Goldman

Supreme Court [FN]. 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. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

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Section 230 Preempts Product Design Claims–Lama v. Meta

Eric Goldman

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. . ” Cites to Mosha v. Facebook , Herrick v.