Prof. Goldman’s Statement on the Supreme Court’s Demolition of the Internet in Free Speech Coalition v. Paxton
[Note: Greetings from Shanghai, where it’s almost 1 am and the Supreme Court has just demolished the Internet. I’m posting these remarks and then heading to bed, where I will…
YouTube Again Defeats FOSTA Lawsuit–In re YouTube Trafficking Litigation
[Note: my blogging hiatus is due to a trip to China. I will return to the US this weekend and presumably resume my regular blogging cadence then.] This is a…
Reddit Defeats Lawsuit Over WallStreetBets Subreddit–Rogozinski v. Reddit
This is one of those oh-so-stupid hard-eyerolling lawsuits that I blog for coverage purposes, but I blog it joylessly and with annoyance at the wasted time. I previously summarized this…
Section 230 (Still) Applies to Contract Breach Claim–NJCCC v. McAleer
This case involves four main players: Newsmatics, which runs the EIN Presswire service, a pay-to-play press release distribution service. Frankly Media, one of Newsmatics’ distribution partners. Hwang, who submitted press…
After 20 Years, I Turned Off Google AdSense for My Websites
…was making wasn’t compensating me for any extra legal risk or compliance I faced due to those legal doctrines. As a result, I have deleted all ericgoldman.org domains from AdSense….
Court Rejects Trespass to Chattels Claim Over Placing Cookies–Doe v. Tenet
This is a Meta pixels case. The pixel setup includes the placement of cookies on users’ devices. The plaintiffs argued that the cookie placement trespassed their devices. The court disagrees…
Clickwrap Formed Even When a Consumer Has Limited Time to Act–Washington v. Flixbus
This is a Meta Pixels case involving the bus service Flixbus. Flixbus successfully defends by saying that the plaintiff consented to the disclosures via its TOS. This is the screenshot…
Reddit Challenges Anthropic’s Scraping to Create Generative AI Models (Guest Blog Post)
…should be another interesting and important case to follow, assuming Anthropic decides to fight rather than just pay up. * * * Eric’s Comments Reddit’s centerpiece claim against Anthropic is…
A Review of the NYT v. Microsoft AI-Copyright Ruling (Guest Blog Post)
…actionable takeaways for non-lawyers looking to build LLMs on how to stay on the right side of the law. * * * Eric’s Comments I agree with Kieran that the…
A Takedown of the Take It Down Act
By guest blogger Prof. Jess Miers (with additional comments from Eric) Generated by ChatGPT Two things can be true: Non-consensual intimate imagery (NCII) is a serious and gendered harm. And,…