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Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Eric Goldman

He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. As the phrase goes, “ he can dish it out, but he can’t take it “).

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The SAD Scheme as an Institutional Failure

Eric Goldman

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. [These are my rough-draft talk notes from a recent workshop of trademark law professors.]

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Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Eric Goldman

The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The court says the defendants waived any fair use defense by briefing it inadequately. For unexplained reasons, it does not appear that the defendants are invoking the 512 defense.

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Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Eric Goldman

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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Section 230 Helps Amazon Defeat False Advertising Lawsuit Over Printer Ink Cartridges–Planet Green v. Amazon

Eric Goldman

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. Cites to McCarthy v. Amazon , Joseph v.

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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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4 Strategies for Preventing and Handling Frivolous Lawsuits

Lawmatics

It may even get to the point where the media covers the case which can change public perception of the defendant and negatively impact both personal and professional relationships. Not to mention, it’s costly to defend yourself against a frivolous claim. Not to mention, it’s costly to defend yourself against a frivolous claim.

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