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The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable)

Eric Goldman

We’re still working through the first wave of litigation testing Congress’ poor handiwork. Marriott * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Craigslist * Facebook Loses Jurisdictional Ruling in Texas Sex Trafficking Lawsuit–Facebook v. Last October , in Doe v.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Eric Goldman

Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally).

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. But normative judgments aside, ProCD v.

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