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In Case of ‘Real Lawyers Against A Robot Lawyer,’ Federal Court Dismisses Law Firm’s Suit Against DoNotPay for Unauthorized Law Practice

Above the Law - Technology

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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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

” [The $2,500 amount was suggested by the presiding judge at a settlement conference, which the defendant turned into an offer of judgment.] Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. The New York Post story.

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

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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Another TOS Formation Failure in the 9th Circuit–Godun v. JustAnswer

Eric Goldman

The term “advisal” appears 29 times in this opinion, which confused me on two fronts. First, the term is not standard for this litigation genre. Important nomenclature note: the panel repeatedly refers to the call-to-action as an “ advisal.” ” The Berman opinion also used this term, but only once.

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The SAD Scheme as an Institutional Failure

Eric Goldman

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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Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

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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Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Eric Goldman

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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