Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants
…interest than to favor it. As Professor Goldman notes in Sad Scheme, the Schedule A mechanism works to ‘create an environment in which rightsowners can nominally follow the rules and…
What’s the Difference Between Copyright Takedown Notices and Spam?–Michael Grecco v. Fandom
The plaintiff in this case is Michael Grecco Productions, a photographer and serial copyright litigant who’s appeared on the blog before (e.g., 1, 2). The defendant is Fandom, which runs…
Lawsuits Over Competitive Keyword Advertising Are Still Stupid–NRRM v. American Dream Auto Protect
…do not label or indicate that their generic ads direct a customer to Defendant and other competitors who pay for the websites to send them consumer leads. The advertised websites…
SAD Scheme Lawyers Sanctioned for Judge-Shopping–Dongguan Deego v. Schedule A
This ruling involves two SAD Scheme patent cases brought by Dongguan Deego Trading Co., Ltd., represented by the Getech Law LLC law firm. The first action was filed before Judge…
University of Wisconsin-Madison Censored Animal-Rights Activist on Instagram and Facebook–Krasno v. UWM
Krasno is a critic of University of Wisconsin-Madison’s treatment of animals. She commented on UWM’s Instagram and Facebook posts. UWM’s social media managers hid her comments manually; some of her…
The Ninth Circuit Finds Two New Ways to Undermine Section 230–Doe v. Twitter
…causation problem: We require “a causal relationship between affirmative conduct furthering the sex-trafficking venture and receipt of a benefit.” Generic advertising revenue schemes that apply sitewide do not satisfy that…
Comments on Setting Patent Fees Based on Their Value
The Trump administration is floating the idea of tying patent fees to the value of the patent. Details are sketchy right now, and who knows if this is a serious…
Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post
…error, the jury’s finding of intentional misrepresentation makes it extremely unlikely that the jury verdict will be overturned. * * * Eric’s Comments The entire NFT industry sketches me out….
Announcing the 2025 Edition of My Internet Law Casebook
I’m pleased to announce the 2025 edition (16th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available in multiple formats: a PDF for $10,…
Apply To Become My Colleague! Santa Clara Law Is Hiring Tenure-Line Faculty
…you want to have a conversation prior to submitting, please reach out to Taylor Dalton (tdalton@scu.edu) Eric Goldman (egoldman@gmail.com), Sue Guan (sguan2@scu.edu), Michelle Oberman (moberman@scu.edu), or Zahr Said (zsaid@scu.edu) __…