Eric Goldman

MAY 8, 2024

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. Facebook , Herrick v. Grindr , Cohen v. Third-Party Content.

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Debevoise Data Blog

NOVEMBER 12, 2024

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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Eric Goldman

FEBRUARY 26, 2025

The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. Strict Products Liability.

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Eric Goldman

SEPTEMBER 29, 2023

If not, why didn’t it work and what lessons can we learn from its failure? The post SHOP SAFE Act Reintroduced, Because Some Congressmembers Really Want to Kill Online Marketplaces appeared first on Technology & Marketing Law Blog. This week, Sens. As a result, it remains terrible. What have we learned since then?

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Eric Goldman

MARCH 8, 2024

This includes the rules as set by rightsowners in ex parte proceedings, which can deviate widely from standard doctrine–it’s whatever the rightsowners can get the judges to agree to–and the rules set by third-party intermediaries, such as online marketplaces.

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Eric Goldman

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

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Attorney at Work

JUNE 28, 2022

Once we begin practicing law, however, the results upon which we judge ourselves are beyond our control — and we don’t always get what we want. Once we begin practicing law, however, the results upon which we judge ourselves are beyond our control — and we don’t always get what we want. Compassion. Perspective.

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Attorney at Work

JUNE 2, 2022

They’ve guided business and political leaders since 180 A.D. Aurelius stated the base idea of his philosophy in “Meditations”: Marcus Aurelius. Stoicism comes down to this simple idea: You can’t control your world, but you can control your thoughts. How you think about the world is your world. Stoicism is about action.

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Eric Goldman

FEBRUARY 21, 2024

Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. She sued Snapchat for her harms. Snapchat successfully defends on Section 230 grounds.

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Attorney at Work

MAY 20, 2022

Law specialization has become increasingly common — almost a necessity. . Abraham Lincoln, licensed to practice law in 1837 in Illinois, may be the archetypal general practice attorney. The Lincoln Legal Papers Project identified over 5,600 cases and nearly 100,000 documents related to Lincoln’s law practice. Commoditization of Legal Documents.

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Eric Goldman

JANUARY 24, 2024

Moreover, the enumerated terms are all items that JLM might conceivably sell to the public and appear to be presumptively copyrightable. The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM.

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Legal Tech Monitor

NOVEMBER 21, 2023

District Chief Judge Nancy Rosenstengel. MillerKing also failed to present facts to support its claim that DoNotPay had hurt its reputation or lessened its goodwill, the judge said. DoNotPay , remains pending in California, where the judge is considering DoNotPay’s motion to compel arbitration of the dispute.

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Clio

MAY 31, 2024

While telephone appearances have been common for many years, the COVID-19 pandemic ushered in a new era for court proceedings with remote participants. Now, many courtrooms allow video conferencing and other mechanisms to enable virtual appearances by attorneys. And what are some best practices for attorneys making virtual appearances?

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Eric Goldman

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. Twitter, Inc. Taamneh , No.

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Attorney at Work

OCTOBER 29, 2021

But danger lurks behind certain tech when working from home. SOMETHING WICKED THIS WAY COMES. Working remotely, whether part-time or full-time, requires a variety of technology. And, to be sure, remote-work tech tools are loaded with treats that keep our businesses humming while we work from home. But the remote-work environment complicates things.

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Eric Goldman

OCTOBER 16, 2023

Fortunately, a federal district judge preliminarily enjoined the AADC as unconstitutional. The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.” [Sorry it’s take me this long to get this blog post off my desk. their website).

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Legal Tech Monitor

DECEMBER 14, 2023

The code specifies that justices should uphold the integrity and independence of the judiciary; avoid impropriety and the appearance of impropriety; perform their duties fairly, impartially, and diligently; engage in extrajudicial activities that are consistent with the obligations of the judicial office; and refrain from political activity.

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Eric Goldman

AUGUST 11, 2023

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir. Citing Sellers v.

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Debevoise Data Blog

SEPTEMBER 25, 2024

unlawfully obtaining personal data); and the court is satisfied that there are reasonable grounds to suspect that evidence of the failure or commission of the offence is to be found on the premises. Such inspections can be stressful and complex for businesses to respond to, with a risk of criminal liability for failing to cooperate properly.

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Martindale-Avvo

MAY 17, 2024

Present on the call were a judge and two lawyers, one of whom could not remove a filter that made him appear to be a cat. The law is a hyper-competitive and high-stakes profession, so embracing any vulnerability – where people display emotion, acknowledge imperfections, and become open to failure – might seem too risky.

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Eric Goldman

MARCH 29, 2023

Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.

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Lawmatics

SEPTEMBER 13, 2023

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. Usually these types of claims are filed specifically for strategic reasons, and often even, dare we say— absurd. In other words, they can be a royal pain in the ….

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Legal Tech Monitor

JULY 27, 2023

Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 Id., ¶ 119.

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Wisblawg

APRIL 26, 2024

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. What types of facts should sentencing judges consider? Supervising Sentencing 57 UC Davis L. They also play a unique and privileged role at sentencing. Legal Studies Research Paper No.

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TechLaw Crossroads

JANUARY 12, 2023

This year’s Show gave every appearance of being back to the full throttle pre-pandemic version. I skate to where the puck is going to be, not where it has been Wayne Gretzky Last week, I was back at the sprawling CES (formerly known as the Consumer Electronics Show) in Las Vegas. CES goes out of its way to accommodate the media.

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MatterSuite

AUGUST 15, 2023

In the realm of law, effective communication can be the difference between success and failure. The goal is to convince your audience—be it a judge, a jury, or another attorney—of the validity of your argument. Legal writing, specifically the ability to craft compelling arguments, is a skill that holds immense power.

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CloudNine

JUNE 6, 2024

” She highlighted at this conference that coming in second is still a win, contrasting it with the failure of those who merely follow the crowd like lemmings. .” ” She highlighted at this conference that coming in second is still a win, contrasting it with the failure of those who merely follow the crowd like lemmings.

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Eric Goldman

JUNE 7, 2023

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Eric Goldman

MARCH 25, 2024

Judge Breyer of the Northern District of California had none of it. Self-proclaimed free-speech absolutist Elon Musk is notoriously thin-skinned when it comes to criticism directed at him. (As As the phrase goes, “ he can dish it out, but he can’t take it “). As a result, the court finds that much of the lawsuit is a SLAPP.

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Eric Goldman

JUNE 14, 2024

The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss. The state court judge skillfully dissects the arguments using a wide range of legal theories, from the economic loss doctrine to Section 230.

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Eric Goldman

DECEMBER 15, 2024

This opinion is a companion to the Massachusetts Supreme Court’s decision in Good v. Uber , which upheld an identical TOS formation process. The highest New York state court agrees. Consistent with this principle, courts have examined whether the offeree of a web-based contract was put on inquiry notice of the contractual terms. .”

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Eric Goldman

JUNE 20, 2023

For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v.

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Eric Goldman

JUNE 9, 2024

This judge focused solely on Ninth Circuit precedent, which makes sense because this court is in the Ninth Circuit’s territory and that will help with any appeal). . § 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.” ” Cite to Lemmon v.

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Richmond Journal of Law and Technology

NOVEMBER 23, 2023

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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Eric Goldman

MAY 22, 2025

That, combined with the novelty of Generative AI and the judge’s uncertainties about the technology, flummoxes the judge. Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. What happens at the end of these lawsuits remains to be seen. and Google.

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Eric Goldman

FEBRUARY 18, 2025

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.” and is “a description of its moderation policy.”

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Eric Goldman

DECEMBER 29, 2023

Ultimately, the alleged “defect” here is only relevant to Doe’s injury to the extent it made it easier or more difficult for other users to communicate with Doe, and thus Doe seeks to hold Grindr liable for its failure to regulate third party content. Doe sued Grindr for strict products liability, negligence, and FOSTA. ICS Provider.

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