Eric Goldman

MAY 20, 2025

” Remember this perspective when the Ninth Circuit analyzes the various censorial state laws designed to control or strip away “platforms'” curatorial or discovery efforts. Lil Nas X appeared first on Technology & Marketing Law Blog. Hill , 2025 WL 1417103 (9th Cir.

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Eric Goldman

JUNE 6, 2025

But it’s still worth following, because these narrow and technical areas of the law are likely where these decisions are headed. The lawsuit boils down to two key allegations, (1) OpenAI uses copyrighted content to train their LLMs, and (2) occasionally spews out copyrighted content in its answers to customer queries. . §

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Defendant Court Lawsuit State law 66

Eric Goldman

NOVEMBER 27, 2024

Eventually, both state legislatures and Congress banned the practice. The flagship law in this area is the Consumer Review Fairness Act, enacted by Congress in 2016. My primer on that law. California enacted a similar law, Civil Code 1670.8, California enacted a similar law, Civil Code 1670.8, Amazon.com, Inc.

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lennyesq

DECEMBER 15, 2024

Alejandra O’Connell-Domenech ( The Hill ) Texas Attorney General Ken Paxton filed a lawsuit against a New York doctor alleging she violated state law by prescribing abortion medication to Texans via telehealth appointments.

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Lawsuit State law Attorney Law 76

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. Case Citation : Doe v.

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Eric Goldman

MAY 15, 2025

. * * * In Lindke, the Supreme Court held that a public officials social-media activity constitutes state action under 1983 only if the official (1) possessed actual authority to speak on the States behalf, and (2) purported to exercise that authority when he spoke on social media. Ocasio-Cortez Lawsuit Over AOCs Twitter Blocks Pres.

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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.

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Martindale-Avvo

MAY 6, 2025

Antitrust law is the bedrock of a free and competitive marketplace, but this is under strain from large and increasingly dominant companies. One possible change is the growing role of state antitrust laws in regulating the marketplace. One possible change is the growing role of state antitrust laws in regulating the marketplace.

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Law Law Lawsuit Defendant 52

Richmond Journal of Law and Technology

APRIL 12, 2025

Unbeknownst to most, however, is that 167 law enforcement agencies across Virginia are now using public-facing surveillance technology such as Automatic License Plate Readers (“ALPR”) and gunshot listening devices. [1] 3] The city of Norfolk has deployed 172 ‘Flock Safety’ ALPRs, resulting in numerous lawsuits. [4] 19] The result?

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Eric Goldman

JANUARY 11, 2025

In those circusmtances, copyright law is an especially attractive tool to the pugilists, with its strict liability standards, amorphous fair use boundaries, high defense costs, and effectiveness of takedown notices. 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

Eric Goldman

MAY 1, 2025

The account termination lawsuits keep coming , so I’ll keep blogging them. The court breezily rejects each of his state law claims, including the Florida social media censorship claim that relied on an unconstitutional law that’s enjoined. Google Twitter Account Suspension Lawsuits Keep FailingHall v.

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Eric Goldman

DECEMBER 16, 2024

WebGroup Czech Republic * Instagram Defeats Lawsuit Claiming It Was a Breeding Ground for Sex TraffickersDoe v. Craigslist * Sex Trafficking Lawsuit Against Craigslist Moves ForwardML v. Salesforce * Latest Linkwrap on FOSTAs Aftermath * Section 230 Doesnt End Lawsuit Claiming Facebook Facilitated Sex TraffickingDoe v.

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Lawsuit Defendant Court Hearing 52

Eric Goldman

APRIL 3, 2025

So long as the Internet is still generating Internet Law, and so long as I have the legal and technical ability to comment on new Internet Law developments, I’ll be blogging about it. The erosion of the rule of law has prompted me to question everything about the scope of my blogging. Will I Still Have the Fighting Spirit?

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Lawsuit Court Law Law 52

Eric Goldman

APRIL 8, 2025

Instead, the court awards nominal damages of $1 per “bogus” counternoticeacross the 8 lawsuits, this comes to $16 TOTAL. Im no math expert, but Im pretty sure Viral DRM did not come out as an economic winner from these lawsuits. Longarzo * DMCAs Unhelpful 512(f) Preempts Helpful State Law ClaimsStevens v.

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Above the Law - Technology

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. ” Another lawsuit alleging unauthorized practice of law by DoNotPay, Faridian v. A second California lawsuit, Lee v.

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Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A web of federal and state laws shields consumers from fraud, abuse, and other forms of harm. The Consumer Protection Law Center at Justia offers both practical advice and legal information. State laws governing debt collection sometimes extend more broadly. States may have similar or broader laws.

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Bankruptcy Law Law Lawsuit 264

Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

The Products Liability Law Center in the Justia Legal Guides aims to illuminate this area of the law, helping injured people protect their rights. A plaintiff may raise both theories if state law and the facts of the case permit. These cases may become more complex than ordinary personal injury claims, though.

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Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

In addition to educating the public and helping develop policies, the agency can bring legal actions against people or businesses that have allegedly violated consumer protection laws. The Consumer Protection Law Center at Justia provides more details about how the FTC helps protect consumers from deceptive and unfair business practices.

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Mediator Dispute resolution Law Law 244

Justia Legal Marketing & Technology blog

JANUARY 30, 2024

The Workers’ Compensation Law Center in the Justia Legal Guides describes what makes a worker eligible for these benefits, the procedures that they need to follow, and other key issues that victims of job-related harm should know when asserting their rights. Certain agricultural and domestic workers may be exempt, for example.)

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Workers Compensation Law Law Time-tracking 244

Eric Goldman

AUGUST 27, 2024

Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” May 29, 2024) The post AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Case Citation : Mayhall v. Amazon Web Services Inc.,

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Lawsuit Defendant Court State law 98

Eric Goldman

JULY 13, 2023

State Law Claims. July 11, 2023) The post Reddit Defeats Lawsuit Over Removal of r/WallStreetBets Moderator’s Privileges–Rogozinski v. Reddit appeared first on Technology & Marketing Law Blog. Undisputed. Publisher/Speaker Claim. Case citation : Rogozinski v. Reddit, Inc. 2023 WL 4475581 (N.D.

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Lawsuit Court State law Law 98

Kevin O'Keefe

JANUARY 25, 2023

I imagined I was an Iowa lawyer looking to develop a niche in agricultural law. I asked “What are good ideas for a niche legal blog on agriculture law in Iowa?” Overviews of Iowa’s state laws and regulations related to farming and agriculture, including those pertaining to zoning, land use, and conservation.

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Estate planning Intellectual Property Lawyer Federal law 130

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.

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State law Court Defendant Lawsuit 97

Eric Goldman

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess.

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lennyesq

SEPTEMBER 1, 2024

Ottawa Faculty of Law, CA Six major book publishers Friday sued the Florida Department of Education, challenging a 2023 state law used to restrict books in school libraries. The six book publishers filed the lawsuit along with the Authors Guild, several prominent authors, two students and two parents.

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Lawsuit State law Court Law 75

Eric Goldman

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). 29, 2024) The post Think You Understand Online Trespass to Chattels Law?

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Time-tracking Judge Law Law 119

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 Nextdoor appeared first on Technology & Marketing Law Blog.

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Legal Tech Monitor

NOVEMBER 21, 2023

In what it described as a case pitting “real lawyers against a robot lawyer,” a federal court in Illinois has dismissed a law firm’s suit against the self-help legal service DoNotPay. But DoNotPay — represented by real, not robot, lawyers — moved to dismiss the lawsuit, asserting that MillerKing lacked standing to sue it in federal court.

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Court Lawyer Lawsuit Failure-to-appear 52

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. This can occur if the plaintiff does not have sufficient evidence to prove the extent of their damages, or if the damages are capped by state law.

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LLRX

JULY 15, 2023

Four highlights from this week: The potential healthcare privacy risks of ChatGPT; “Shadow libraries” at heart of mounting copyright lawsuits against OpenAI; Congressional Report Finds Meta and Tax Prep Companies “Recklessly” Shared Taxpayers’ Data; and Cooper Davis Act Would Force Tech Companies to Flag Users for Drugs.

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Lawsuit State law Legal research Law 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

JULY 18, 2023

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). ML Genius v.

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Court Litigator Litigation Case law 98

The Barrister

MARCH 18, 2024

7] Microsoft stock image The NCAA halted its investigations into third parties creating NIL deals with collegiate Division I athletes after a federal judge granted a preliminary injunction in a lawsuit filed by the attorneys general of Tennessee and Virginia. Law Library More than 10,000 of the 1,390 FBS players have agreed. [7]

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Lawsuit Judge State law Attorney 52

Eric Goldman

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of 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

AUGUST 24, 2023

LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. This is true even though the law does not recognize that they have a property interest in it, and even if though expressly disclaim any property rights in that data in their terms of use. It’s user-generated content.

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Intellectual Property Court Litigator Litigation 98

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 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss.

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