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3 Count: ACTing Fast

Plagiarism Today

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. According to the lawsuit, ACT and WIN were partners for nearly 15 years before their partnership ended in 2011.

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Another Doctor Learns Why It’s Unwise to Sue Patients

Technology & Marketing Law Blog

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

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Unroll the Scroll Painting: Inside the Chinese Art Market and Its Regulatory Landscape

LexBlog IP

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52
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Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox

Technology & Marketing Law Blog

Sifuentes got a Dropbox account in 2011. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: That would be a legal fiction, but most online contract formation law is predicated on similar fictions). Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v.

Contracts 111
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

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Introducing a zero-embargo Secondary Publication Right in Bulgaria

Kluwer Copyright Blog

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. It is thus very much in line with the spirit of Title IV, arts. of the Directive. A new para 2 to art. On the other hand, art.

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Twitter Defeats Account Suspension Lawsuit Again–Al-Ahmed v. Twitter

Technology & Marketing Law Blog

2011) (affirming dismissal under Section 230(c)(1) based on the removal of the plaintiff’s user profile); King , 2021 WL 5279823, at *1 (holding Facebook has immunity under Section 230(c)(1) to the extent plaintiff’s claims were based on Facebook’s disabling plaintiff’s account). Sikhs for Just., Facebook, Inc. ,