Remove Court Remove Defendant Remove Failure-to-appear
article thumbnail

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.

article thumbnail

Ticketmaster’s Attempt to Game Arbitration Services Fails–Heckman v. Live Nation

Eric Goldman

The court’s reaction is predictable if chilling. Rather than turning the analysis on formation issues, the court strikes down Ticketmaster’s efforts as unconscionable–and the weak formation practices exacerbate the unconscionability problem. to be unenforceable, as individuals do not have inquiry notice.”

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta

Eric Goldman

“several of her causes of action are based at least in part on the alleged failure to keep her account secure…and are therefore precluded by the Terms of Service and Terms of Use.” The Terms only state that Defendant may take certain actions in response to harmful conduct or violating content.” Google , Ebeid v.

article thumbnail

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

article thumbnail

What is a “Social Media Platform”?–NetChoice v. Uthmeier

Eric Goldman

To dispose of various motions, the court must construe the statutory term “social media platform.” The court recognizes this drafting flaw: the text of the social media platform definition is broad. –the court sides with the statutory text and its massively overbroad definition.

article thumbnail

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.

article thumbnail

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.