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,…
Amazon Isn’t Liable for Merchant’s Display of Bogus Contact Info–Hillman v. Amazon
Hillman says that an Amazon merchant, Cozy Castle Furniture, mistakenly displayed Hillman’s contact information on its page as if it were the merchant’s contact info. As a result, Hillman says…
What is a “Social Media Platform”?–NetChoice v. Uthmeier
This is the post-SCOTUS remand of Moody v. NetChoice. To dispose of various motions, the court must construe the statutory term “social media platform.” Florida’s statutory definition: “Social media platform”…
NJ Supreme Court Blesses Lawyers’ Competitive Keyword Ads (With a Baffling Caveat)
We are at the terminal stage of a 250-year old democracy, so what’s on the priority list for regulators of lawyers? In New Jersey, it’s competitive keyword advertising by lawyers….
Because the SAD Scheme Disregards Due Process, Errors Inevitably Ensue–Modlily v. Funlingo
…an example URL of “https://www.ericgoldman.org/biography.html,” the word “ericgoldman” is the second-level domain, the word “www” is the third-level domain, the word “org” is the top-level domain, and the word “biography.html”…
ChatGPT Defeats Defamation Lawsuit Over Hallucination–Walters v. OpenAI
Mark Walters “is a nationally prominent radio show host who hosts two nationally syndicated radio programs and identifies himself as ”the loudest voice in America fighting for gun rights.”” Riehl…