Eric Goldman

MAY 20, 2025

Lack of Access Courts have consistently held that posting works on the Internet, without more, doesn’t ensure that the defendant had “access” to them for purposes of copying-in-fact. Third, the court is correct that a blog post without any promotion can be the tree that falls in the forest that no one hears.

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Defendant Court Judge Lawsuit 106

Brett Trout

JUNE 25, 2025

Startup IYO, spun out of Google’s moonshot X lab, just won a major victory in its lawsuit against OpenAI, Sam Altman, and Ive’s design studio LoveFrom. District Judge Trina Thompson issued a temporary restraining order barring the defendants from using the name “IO” to market their new AI device—at least for the time being.

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Judge Lawsuit Machine learning Court 40

Eric Goldman

MARCH 4, 2025

Based on this ruling, Viral DRM’s earlier SAD Scheme lawsuit also may have been deficient on copyright standing grounds. However, a court would almost never independently spot the standing problem at an ex parte TRO hearing. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Seven West Media Ltd., Alibaba N.D.

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Defendant Judge Lawsuit Court 52

Eric Goldman

OCTOBER 23, 2024

The defendant displayed its own trademark in the ad copy, not the plaintiff’s, so the marks were dissimilar. ” Ugh, seriously, nooooo… Keyword metatags are the trees that fall in the forest that no one hears. Mark Similarity. ” PREACH. They should be legally irrelevant.

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Lawsuit Judge Defendant Court 105

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. 18, 2025) Prior Blog Posts About Grindr Section 230 Defeats Underage Users Lawsuit Against GrindrDoll v. Salesforce * Omegle Defeats Lawsuit Over Users CappingMH v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves ForwardML v.

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Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

JANUARY 9, 2025

9) Supreme Court Tamps Down on Jawboning and Government Social Media Lawsuits. Tomorrow, the Supreme Court will hear the TikTok ban, and Wednesday, the Supreme Court will hear Free Speech Coalition v. If any of those lawsuits succeed, they pose a potential existential threat to the entire industry. Suing a DAO.

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Law Law Court Lawsuit 102

Eric Goldman

JUNE 26, 2025

This is a confusing lawsuit that has been through several names, including “Sarah v. Salesforce * Omegle Defeats Lawsuit Over User’s “Capping”–MH v. WebGroup Czech Republic * Instagram Defeats Lawsuit Claiming It Was a “Breeding Ground” for Sex Traffickers–Doe v. [Note: my blogging hiatus is due to a trip to China.

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Lawsuit Litigator Litigation Court 95

Eric Goldman

MAY 22, 2025

Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. This decision largely rejects the defendants’ motion to dismiss, which will induce more plaintiff lawyers to bring more cases. What happens at the end of these lawsuits remains to be seen.

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Lawsuit Defendant Court Failure-to-appear 93

Eric Goldman

JULY 19, 2025

.” The standing order gives some examples of those “bizarre” deviations: requested exceptions to the Hague convention’s service and translation services (including email service) that are “almost never even made in other cases against foreign defendants.” ” ex parte TROs.

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Judge Defendant Court Litigator 57

Eric Goldman

DECEMBER 16, 2024

MG Freesites because the defendant in that case hosted the video and allegedly exercised other content moderation steps around it. FOSTA The plaintiff invoked the FOSTA exception to Section 230, which required the court to decide if plaintiffs to show the defendant had the higher scienter required by 1591 or the lower scienter of 1595.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

OCTOBER 26, 2024

This is another lawsuit against Grindr claiming that Grindr made it too easy for underage users to sign up and meet other users for sex. Grindr Online Dating App Grindr Isn’t Liable For Underage ‘Threesome’ The post Section 230 Defeats Underage User’s Lawsuit Against Grindr–Doll v. Internet Brands and Lemmon v.

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Lawsuit Court Judge Defendant 111

Eric Goldman

MAY 12, 2025

[Note: lawsuits over takedown notice attacks occur occasionally. An allegation that “a defendant filed false Amazon counterfeit reports” is sufficient to state a claim. This is true even if the defendants made its associated fact claims to Amazon “under penalty of perjury.” ” Um, no. .”

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Court Defendant e-filing Lawsuit 52

Justia Legal Marketing & Technology blog

MAY 4, 2023

Already, lawsuits involving AI-generated works have been filed in federal courts from coast to coast. This free database provides public records of lawsuits in federal trial and appellate courts. A pending lawsuit in the U.S. If it does not grant either motion, the lawsuit will continue toward trial. In Andersen v.

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Lawsuit Intellectual Property Court Defendant 246

Eric Goldman

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Case citation : Divino Group LLC v. Google LLC , 2023 WL 4372701 (N.D.

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Lawsuit Court Machine learning Defendant 98

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. See ECF No.

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Defendant Judge e-filing Lawsuit 98

lennyesq

AUGUST 29, 2023

By Jordan Valinsky , CNN New York CNN — 3M has agreed to pay $6 billion to resolve roughly 300,000 lawsuits alleging that the manufacturing company supplied faulty combat earplugs to the military that resulted in significant injuries, such as hearing loss. Read more…

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Hearing Defendant Lawsuit Litigation 75

Eric Goldman

JANUARY 21, 2024

“Plaintiff alleges Defendants downloaded and copied Plaintiff’s copyrighted materials from YouTube, and then re-uploaded infringing versions of Plaintiff’s copyrighted media content to their YouTube channels.” ” Viral DRM sued 20 defendants enumerated in a Schedule A and got an ex parte TRO. Jurisdiction.

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Defendant Judge Court Hearing 78

Eric Goldman

MARCH 11, 2024

” “Aereo involved the removal of copyright-protected works from their usual channels of distribution by the defendant, even if that diversion was only completed when directed by an end user. Congress specifically outlawed something, and the defendant was doing more or less that precise thing, with a few superficial tweaks.”

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Lawsuit Court Defendant Hearing 105

Eric Goldman

MARCH 8, 2024

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. Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v.

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Defendant Judge Failure-to-appear Court 111

LawSites

DECEMBER 1, 2021

They supplemented that review with an analysis of court approaches to virtual hearings, e-filing, and digital notarization, focusing on how these tools affected litigants in three of the most common types of civil cases: debt claims, evictions and child support. million remote proceedings (civil and criminal) from March 2020 to February 2021.

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Court e-filing Notary Hearing 132

Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

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Lawsuit Defendant Judge Failure-to-appear 52

Eric Goldman

SEPTEMBER 26, 2024

In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. The plaintiffs’ allegations were sizzling.

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Court Judge Defendant Hearing 111

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. The defendant sold the flag below it.

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Court Defendant Judge Litigator 98

Clio

MARCH 15, 2024

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. A motion to dismiss is a motion filed on behalf of a defendant asking the court to dismiss the plaintiff’s case. What is a motion to dismiss? In some U.S.

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Defendant Hearing Court Lawsuit 52

Eric Goldman

JUNE 18, 2023

Initially, Malwarebytes defended on Section 230(c)(2)(B). The lawsuit’s lengthy duration and high defense cost has significant substantive implications. Whether the 9th Circuit hears it en banc or not, I assume this case will again head to the Supreme Court. Also, the dissent made excellent points.

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Court Software Judge Litigator 105

CaseFox

DECEMBER 21, 2023

Have you ever found yourself curious about the legal stuff you hear about? Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance. Some cases are settled with fines, while in some cases, the accused are sentenced to imprisonment!

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Litigation Litigator Dispute resolution Criminal trial 52

Eric Goldman

JULY 18, 2023

While this is only the second appellate circuit to adopt this approach, the Second Circuit, having jurisdiction over New York State, hears a disproportionally high number of cases concerning copyright and contracts. The Solicitor General’s Brief After losing at the Second Circuit, Genius asked the Supreme Court to hear its appeal.

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Court Litigator Litigation Case law 98

Eric Goldman

AUGUST 1, 2023

For those reasons, I strongly suspect this will not be the last we hear of this case. Neither Time nor BuzzFeed was named as a defendant. In my opinion, however, nothing in the Copyright Act requires that the defendant be in possession or control of that copy in order to be held directly liable for public display. 3d at 593. [To

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Defendant Court Litigator Litigation 98

LawSites

DECEMBER 1, 2021

They supplemented that review with an analysis of court approaches to virtual hearings, e-filing, and digital notarization, focusing on how these tools affected litigants in three of the most common types of civil cases: debt claims, evictions and child support. million remote proceedings (civil and criminal) from March 2020 to February 2021.

Court 52

Court e-filing Notary Hearing 52

LawSites

JANUARY 4, 2023

This is Stodder’s perspective on the lawsuit. At great cost, Xcential has been forced to defend itself with counterclaims and motions for dismissal. If anyone at Akin Gump wishes to respond, I would be happy to publish it.]. Instead, we heard from Akin’s lawyers. Here comes Goliath.

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Software Court Time-tracking Lawsuit 98

Debevoise Data Blog

JUNE 22, 2021

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 Defendant has filed a second motion to dismiss following the Plaintiff’s filing of a second amended complaint. At least one lawsuit seeks to do this.

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Litigator Litigation Defendant Failure-to-appear 52

CaseFox

JUNE 29, 2023

Motion for Summary Judgment A motion for summary judgment is a legal request that one party makes in a lawsuit. The legal motion follow-up can include filling in the response for the motion or attending the motion hearing. It is important to be prepared to defend your motion.

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Client Intake Court Failure-to-appear Defendant 52

Ikigai Law

JUNE 30, 2023

Getty, an image licensing service, has brought a lawsuit against the creators of art-generating AI “Stable Diffusion” in a US federal court, alleging that the tool unlawfully copied and processed millions of images, violating its copyright in the images. Few of the cases are discussed below. However, no order has been passed in the case yet.

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Intellectual Property e-filing Lawsuit Court 52

Berkley Technology Law Journal

FEBRUARY 27, 2023

If, for instance, the government thinks someone is cheating on their benefits, that person gets a hearing. And I think a poignant example of this is on February 22 of this year, Joshua Browder, who is the CEO of Do Not Pay was planning to use ChatGPT to defend a client in traffic court, here in California. And there’s a process.

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Machine learning Law Law Intellectual Property 100

LawSites

JANUARY 17, 2022

Launching January 2022, our AI-driven engine will automate litigation processes like lawsuit and motion drafting, discovery preparation, procedural calendaring and much more by turning days of work into 2-3 minute-long activities. We offer managed hearing services. Headquarters: Ventura, Calif., and Melbourne, Australia. Users: 300+.

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e-discovery Time-tracking Mediator Attorney 52

3 Geeks and a Law Blog

FEBRUARY 8, 2023

Greg Lambert 11:27 Yeah, I think one of the thing that when you talk SALI, especially to someone that just hears standards, oh, great, you know, here’s one more layer of work that we’re going to have to do. Or am I defending the deposition? Are you defending the deposition? So that’s what the lawsuit is.

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Litigator Litigation Time-tracking Law firm 243

Justia Legal Marketing & Technology blog

MAY 18, 2023

For example, a dog owner might be able to defend a case by showing that the victim provoked the dog or was illegally on the property. Failing to follow the applicable rules can result in fines, vastly increased damages in a personal injury lawsuit, and even jail time in some cases.

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Estate planning Law Law Judge 264