Comments for Technology & Marketing Law Blog https://blog.ericgoldman.org/ Thu, 28 Aug 2025 16:26:00 +0000 hourly 1 Comment on The Ninth Circuit’s Flood of TOS Formation Cases by Michael Risch https://blog.ericgoldman.org/archives/2025/08/the-ninth-circuits-flood-of-tos-formation-cases.htm#comment-4491 Thu, 28 Aug 2025 16:26:00 +0000 https://blog.ericgoldman.org/?p=28045#comment-4491 I agree with your conclusion that the only surefire way is 2 click. But to me the obvious difference between the Chabolla/Godun and these (well, really 2, the middle one is easy) is that the notice comes after the submit button. I think the real (or perhaps realist) study of the "signon wrap" type of agreement (which I agree is a better formulation if not perfect) is all the cases where the notice is directly above the submit button and all those where the notice is below and see how the cases shake out.

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Comment on Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants by Court Rejects Schedule A Claims Against Sellers of Compatible Parts/Accessories (Cross-Post) - Technology & Marketing Law Blog https://blog.ericgoldman.org/archives/2025/08/judge-kness-the-sad-scheme-should-no-longer-be-perpetuated-in-its-present-form-eicher-motors-v-schedule-a-defendants.htm#comment-4488 Sun, 24 Aug 2025 14:14:10 +0000 https://blog.ericgoldman.org/?p=27984#comment-4488 […] Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motor… […]

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Comment on Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox by Links for Week of August 22, 2025 – Cyberlaw Central https://blog.ericgoldman.org/archives/2025/08/internet-access-providers-arent-bound-by-dmca-unmasking-subpoenas-in-re-cox.htm#comment-4487 Fri, 22 Aug 2025 15:06:56 +0000 https://blog.ericgoldman.org/?p=28005#comment-4487 […] https://blog.ericgoldman.org/archives/2025/08/internet-access-providers-arent-bound-by-dmca-unmaskin… […]

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Comment on Announcing the 2025 Edition of My Internet Law Casebook by Eric Goldman https://blog.ericgoldman.org/archives/2025/07/announcing-the-2025-edition-of-my-internet-law-casebook.htm#comment-4486 Thu, 21 Aug 2025 17:45:00 +0000 https://blog.ericgoldman.org/?p=27933#comment-4486 In reply to Alison Boden.

This year, I added a 2-slide segment about Calvinball to the first day of my Internet Law course

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Comment on Announcing the 2025 Edition of My Internet Law Casebook by Alison Boden https://blog.ericgoldman.org/archives/2025/07/announcing-the-2025-edition-of-my-internet-law-casebook.htm#comment-4485 Thu, 21 Aug 2025 15:59:00 +0000 https://blog.ericgoldman.org/?p=27933#comment-4485

I mean…let me know if you think you can articulate a principled justification for how the court decided that intermediate scrutiny applied (other than the obvious Calvinball explanation)…

Maybe the fact that practicing law has become Calvinball is important for students to understand? I've not attended law school, but I imagine that teaching law inherently includes a significant bias in favor of the legitimacy of the courts (which is probably valid in the majority of circumstances). But anyone looking at that case can see an obvious set of on-point precedents, respect for those precedents by the District Court, motivated reasoning by the Fifth Circuit, and a lazy disregard of how law is done by the Supreme Court. I imagine that's useful for anyone interested in practicing internet or First Amendment law to know?

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Comment on Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post by In 512(f), the "F" Stands for "Futility"-Shaffer v. Kavarnos - Technology & Marketing Law Blog https://blog.ericgoldman.org/archives/2025/08/does-anyone-still-care-about-nfts-yuga-labs-llc-v-ripps-guest-blog-post.htm#comment-4478 Fri, 15 Aug 2025 14:00:43 +0000 https://blog.ericgoldman.org/?p=27949#comment-4478 […] Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post * Viral DRM Awarded Damages for Its 512(f) Claims, But At What Cost? * Big YouTube Channel Gets […]

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Comment on Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants by Facebook Gives Brands More Power to Report Suspected Fakes - EcommerceBytes https://blog.ericgoldman.org/archives/2025/08/judge-kness-the-sad-scheme-should-no-longer-be-perpetuated-in-its-present-form-eicher-motors-v-schedule-a-defendants.htm#comment-4477 Wed, 13 Aug 2025 20:39:03 +0000 https://blog.ericgoldman.org/?p=27984#comment-4477 […] While the efforts to crack down on scams is commendable, it’s important to remember that brands don’t necessarily fight fair when going after IP violations – for example, SAD schemes (see a recent development via Technology & Marketing Law blog). […]

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Comment on SAD Scheme Lawyers Sanctioned for Judge-Shopping–Dongguan Deego v. Schedule A by Judge Kness: the SAD Scheme "Should No Longer Be Perpetuated in Its Present Form"-Eicher Motors v. Schedule A Defendants - Technology & Marketing Law Blog https://blog.ericgoldman.org/archives/2025/08/sad-scheme-lawyers-sanctioned-for-judge-shopping-dongguan-deego-v-schedule-a.htm#comment-4476 Mon, 11 Aug 2025 13:58:39 +0000 https://blog.ericgoldman.org/?p=27952#comment-4476 […] SAD Scheme Lawyers Sanctioned for Judge-Shopping–Dongguan Deego v. Schedule A […]

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Comment on Announcing the 2025 Edition of My Internet Law Casebook by What's the Difference Between Copyright Takedown Notices and Spam?-Michael Grecco v. Fandom - Technology & Marketing Law Blog https://blog.ericgoldman.org/archives/2025/07/announcing-the-2025-edition-of-my-internet-law-casebook.htm#comment-4475 Sun, 10 Aug 2025 18:02:46 +0000 https://blog.ericgoldman.org/?p=27933#comment-4475 […] Law, I used to highlight this question when I taught the Register.com v. Verio opinion (now sadly dropped from the casebook). In that case, Verio’s scraper robots were repeatedly “notified” of […]

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Comment on Comments on Setting Patent Fees Based on Their Value by Taxing Patents Based on Valuation is Nuts -- and a Death Knell for Startup IP Protection Proposed New Patent Fees Will Wipe Out Innovation https://blog.ericgoldman.org/archives/2025/08/comments-on-setting-patent-fees-based-on-their-value.htm#comment-4474 Fri, 08 Aug 2025 19:48:46 +0000 https://blog.ericgoldman.org/?p=27943#comment-4474 […] to tax patents based on value is troubling if it is even possible to value a patent — and as Eric Goldman notes, “Patent valuation is an art, not a science.” Even more importantly, the boundaries of […]

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