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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.

Court 101
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What is a “Social Media Platform”?–NetChoice v. Uthmeier

Eric Goldman

” Florida’s statutory definition: Social media platform means any information service, system, Internet search engine, or access software provider that: 1. On any fair reading, almost any facility or application allowing multiple users to communicate with a given entity over the internet is an information service.

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

Eric Goldman

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 Plaintiffs further allege that D.G.s gaming has resulted in serious harm, including emotional distress, lost friends, and problems in school. from liability. YOLO , MP v.

Lawsuit 75
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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

The journalists did not assert straightforward copyright infringement claims: they instead argued that OpenAI had removed copyright management information (“CMI”) before using their works to train ChatGPT, in violation of the DMCA. Raw Story Media, Inc. OpenAI Inc. , 24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. See 17 U.S.C.

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Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. Encor

Eric Goldman

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.

Lawsuit 105
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The Internet Survives SCOTUS Review (This Time)–Twitter v. Taamneh and Gonzalez v. Google

Eric Goldman

” [FN: the factors are: (1) “the nature of the act assisted,” (2) the “amount of assistance” provided, (3) whether the defendant was “present at the time” of the principal tort, (4) the defendant’s “relation to the tortious actor,” (5) the “defendant’s state of mind,” and (6) the “duration of the assistance” given.

Defendant 142
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Misidentified Person Loses Defamation Claim Against Tabloid–Bloom v. A360

Eric Goldman

But even if the plaintiff connected the dots, With respect to defendant’s possession of contrary information, the amended complaint has, at best, plausibly alleged that defendant did not know if the photograph was of Zilis and failed to verify the accuracy of the photograph, despite knowing what Zilis looked like.