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Lessons Learned from 2024 and the Year Ahead in AI Litigation

Debevoise Data Blog

Generative AI has transformed how people around the world work; how they create; and what they see, hear, and watch online. Although plaintiffs have been dealt some setbacks, they have responded by bringing new legal claims against a broader class of defendants, making clear that there is no end in sight to these disputes.

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Photos in a Similar Style Aren’t Copyright-Infringing–Woodland v. Lil Nas X

Eric Goldman

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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Big YouTube Channel Gets TRO Against Being Targeted by DMCA Copyright Takedown Notices–Invisible Narratives v. Next Level Apps

Eric Goldman

The court enjoins Next Level pending a PI hearing on March 3. * * * The DMCA notice-and-takedown scheme was never intended to provide final resolution to copyright owners. The TRO language doesn’t purport to apply to YouTube, nor could it unless YouTube had also been named a defendant.

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Ninth Circuit Says Section 230 Preempts “Defective Design” Claims–Doe v. Grindr

Eric Goldman

The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” The district court dismissed the case.

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YouTube Again Defeats FOSTA Lawsuit–In re YouTube Trafficking Litigation

Eric Goldman

Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. US * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post) * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v.

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Omegle Defeats Lawsuit Over User’s “Capping”–MH v. Omegle

Eric Goldman

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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Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v. Instagram

Eric Goldman

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants.

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