Eric Goldman

JUNE 6, 2025

Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. It’s the king of US legacy media suing the company that is synonymous with generative AI in the United States. Opinion at 17. The court agreed. Universal City Studios, Inc., 417, 442, 104 S.Ct. 774, 78 L.Ed.2d

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Defendant Court Lawsuit State law 62

Eric Goldman

FEBRUARY 16, 2025

A reminder: this lawsuit is a battle royale. Combined with prior rulings, in the October 24, 2024 ruling, the court summarizes where the various claims stand: It’s even more complicated, because several of the plaintiffs’ claims are based on state laws. They will need to clear their calendar.

Defendant 55

Defendant Court Litigator Litigation 55

CaseFox

APRIL 13, 2023

Personal injury claims are lawsuits filed by individuals who have been injured due to the negligence or intentional actions of another person or entity. In order to win a personal injury case, the plaintiff must provide sufficient evidence to prove that the defendant was negligent or intentionally caused the injury.

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Court Defendant Lawsuit Attorney 98

Eric Goldman

MARCH 4, 2023

He brought a state court class action lawsuit against Ripoff Report, alleging violations of CA B&P 17200 and the implied covenant of good faith. The plaintiff successfully remanded the case back to state court and got some of its attorneys’ fees covered. Ripoff Report removed the case to federal court.

State law 97

State law Court Defendant Lawsuit 97

Eric Goldman

JULY 1, 2024

Unfortunately, the Supreme Court’s delay in definitively resolving this case will leave a vacuum for reviewing many other pending and imminent constitutional challenges to state laws.

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Court Defendant Lawsuit State law 115

Eric Goldman

NOVEMBER 2, 2023

Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.” The plaintiff claimed that federal law didn’t preempt his state law claim, but the court breezily rejects that. (I ” The court cites Force v. Massachusetts should fix that.

Failure-to-appear 98

Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. 28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. ” * Doe v.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

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

APRIL 8, 2025

The court does award damages for the 512(f) claims in some of the cases based on the defendants counternotifications. This produces a relatively rare plaintiff win under 512(f), where plaintiff wins usually occur only when the defendants no-show. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v.

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Defendant Court Lawsuit State law 52

Eric Goldman

JANUARY 11, 2025

I did a fairly lengthy blog post on the intersection of copyright law and city council videos a decade ago; and see this piece by Frank LoMonte about the intersection between copyright law and FOIA laws for government records. In the last month, two more copyright lawsuits over city council videos have triggered my alerts.

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Court Judge Defendant Case predictions 40

Brett Trout

MAY 24, 2024

Whereas your freedom of speech is protected by the Constitution, your right of publicity is protected by a mix of different state laws. Depending on which state you bring your right of publicity lawsuit, you may have a lot or only a little protection.

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Defendant Lawsuit Court State law 52

Eric Goldman

DECEMBER 13, 2023

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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Judge Court Defendant State law 98

Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Many of those contractual anti-scraping lawsuits were successful. However, even in the United States, other ways exist to scrutinize contracts over information goods. ML Genius v.

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Court Litigator Litigation Case law 98

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance.

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Litigator Litigation Dispute resolution Criminal trial 52

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.

Lawsuit 93

Lawsuit Litigator Litigation Court 93

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. Since we affirm the district court’s rulings on the state law claims, we need not resolve the federal law cross appeal.” 1, 2024) The post Online Marketplace Defeats Lawsuit Over Murder–Roland v. Negligence. Case Citation : Roland v. Letgo, Inc.

Lawsuit 111

Lawsuit Machine learning Court Defendant 111

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

While federal law governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.

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Lawsuit Defendant Prosecutor Court 264

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.

Lawsuit 52

Lawsuit Defendant Court Hearing 52

Eric Goldman

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” ” Third-Party Content. ” Application.

Failure-to-appear 117

Failure-to-appear Defendant Lawsuit Court 117

Eric Goldman

JULY 26, 2024

The 9th Circuit held that some foreign defendants were subject to jurisdiction. On remand, the court dismisses the remaining defendants primarily due to Section 230, with leave to amend. They then uploaded the videos (“Videos”) to adult websites operated by two of the defendants, i.e., WebGroup Czech Republic, a.s.

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Defendant Lawsuit Court Hearing 98

Eric Goldman

MAY 5, 2023

May 3, 2023) More SESTA/FOSTA-Related Posts * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Per Reddit, the panel said yes to Q1 and no to Q2.

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Lawsuit Defendant Court e-filing 111

Eric Goldman

APRIL 29, 2023

This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought to comment on anti-Semitic aspects of the BAYC NFTs. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v.

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Court Failure-to-appear Lawsuit State law 105

Eric Goldman

DECEMBER 15, 2023

Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v.

Lawsuit 124

Lawsuit Court Defendant Hearing 124

Eric Goldman

JUNE 9, 2024

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v.

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Lawsuit Criminal trial Court Failure-to-appear 85

Eric Goldman

NOVEMBER 30, 2023

It may or may not be related to this lawsuit, but Google recently sued “bad actors who set up dozens of Google accounts and used them to submit thousands of bogus copyright claims against their competitors. And, emailing the Summons and Complaint to a defendant does not satisfy Rule 4’s requirements for proper service.

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Defendant Court State law Lawsuit 75

Eric Goldman

JULY 23, 2023

Thus, this rhetorical move doesn’t help defendants identify what conduct is clearly legal. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v.

Lawsuit 96

Lawsuit Court Defendant Hearing 96

Eric Goldman

MAY 2, 2024

Section 230 says there can be only one defendant for those items of third-party content, and it isn’t the tertiary player Salesforce. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. The plaintiffs also invoked FOSTA.

Lawsuit 96

Lawsuit Defendant Court Judge 96

Eric Goldman

FEBRUARY 18, 2025

Even though the legal system punished the wrongdoers, the lawsuits continue. The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. .” Salesforce * Omegle Defeats Lawsuit Over Users CappingMH v. Grindr, Inc. ,

Lawsuit 64

Lawsuit Failure-to-appear Defendant Court 64

Eric Goldman

DECEMBER 29, 2023

Even though the legal system punished the wrongdoers, the lawsuits continue. Snap * The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) * Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. ICS Provider.

Lawsuit 98

Lawsuit Court Defendant Failure-to-appear 98

Martindale-Avvo

MAY 6, 2025

Attorneys General take action to enforce antitrust laws, bringing suit against alleged violators of the acts. Antitrust attorneys defend companies against these claims. Antitrust lawyers can also bring antitrust lawsuits on behalf of individuals, against companies and other bodies.

Law 52

Law Law Lawsuit Defendant 52

Eric Goldman

SEPTEMBER 27, 2024

9, 2024) The lawsuit alleges Meta addicts teens and thus violates DC’s consumer protection act. ” State v. July 29, 2024) Similar to the DC case, the lawsuit alleges Meta addicts teens and thus violates Vermont’s consumer protection act. District of Columbia v. Meta Platforms, Inc., LEXIS 27 (D.C. Superior Ct.

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Court Lawsuit Judge Defendant 105

Eric Goldman

FEBRUARY 8, 2025

A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (Charles) and Romelus raped Plaintiff. The plaintiff brought a FOSTA lawsuit. Defendants require all videos to contain tags. Every video on Defendants’ sites can be found by searching tags.

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Defendant Lawsuit Judge Court 59

Eric Goldman

MAY 1, 2025

The account termination lawsuits keep coming , so I’ll keep blogging them. Plaintiff also does not allege that any Defendant performed a traditionally public function. Mr. McCarthy contends that after he posted those two cartoons, Defendants disabled his account. Meta Platforms, Inc., 2025 WL 1249157 (D. Choose wisely.

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Court Lawsuit Defendant Litigator 72

Eric Goldman

MAY 26, 2025

The court says this isn’t a dispositive issue because “Judge Coogler would have come to the conclusion that Defendants were content providers and thus not entitled to immunity under Section 230 even if he had not considered Anderson.” The court sidesteps the heavy policy issues raised by the plaintiffs’ lawsuits.

Defendant 55

Defendant Failure-to-appear Court Judge 55

Eric Goldman

NOVEMBER 10, 2024

I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.

Defendant 117

Defendant Lawsuit Failure-to-appear Court 117

Eric Goldman

DECEMBER 23, 2024

How can the “back-office business services” vendor be deemed the proximate cause of any harms with two other defendants in front of it? For the plaintiffs to win against Salesforce (the tertiary defendant), they will need to show that the primary and secondary defendants committed legal violations (i.e.,

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Defendant Court Lawsuit Judge 59