Remove 2014 Remove Contracts Remove Licensing Remove Marketing
article thumbnail

Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

Technology & Marketing Law Blog

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things. 3d at 10861.

Marketing 129
article thumbnail

Courts Are Rejecting Attempts to Weaponize Laws That Protect Consumer Reviews

Technology & Marketing Law Blog

In 2014, California enacted AB2365 , sometimes called the “Yelp law,” codified at Cal. the complaint “does not identify what goods or services are ‘offered and promoted’ on the Website and, more importantly, which of these good or services are governed by the contract at issue.” Civil Code 1670.8.

Law 63
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Technology & Marketing Law Blog

Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: That includes no arbitration clause with pre-2014 users. That would be a legal fiction, but most online contract formation law is predicated on similar fictions). Sony Network Entertainment. * Qwest & Vernon v.

Contracts 110
article thumbnail

Indian Copyright Act and Marrakesh Treaty : Decoding the Lacuna under Copyright Act.

IP and Legal Filings

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

article thumbnail

The SIAE and Meta tug-of-war: an Italian affair of European relevance

Kluwer Copyright Blog

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

Music 98
article thumbnail

BREAKING: First CJEU referral on press publishers’ related right (Italian-style)

The IPKat

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law.

article thumbnail

Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.