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The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable)

Eric Goldman

We’re still working through the first wave of litigation testing Congress’ poor handiwork. May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. Last October , in Doe v. Case citations : J.B.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Eric Goldman

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally).

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

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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A New Era of FTC Privacy and Cybersecurity Oversight: Top Ten Things Companies Should Know When Assessing FTC Compliance and Exposure

Debevoise Data Blog

16] As a general rule, CIDs are confidential and not publicly disclosed by the FTC during the investigation period unless the recipient voluntarily discloses the existence of the investigation or files a petition to quash. If disagreements remain, companies have the option of filing a petition to quash within 20 days after receipt of the CID.