Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. Amazon updated the TOS in 2019 to make explicit that arbitrability would be decided by an arbitrator, and it emailed the drivers the new TOS. We have previously observed the importance of notice in the analogous context of electronic consumer contracts. It did not do so.”

Contracts 105

Contracts Copying Technology Licensing 105

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 105

Litigation Contracts Advertising Advertising 105

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2019) 402 F.Supp.3d 2018) 893 F.3d

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Blogging Contracts Law Privacy 116

Technology & Marketing Law Blog

JULY 14, 2023

This long-running lawsuit started in 2019. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube.

Contracts 98

Contracts Blogging Litigation Licensing 98

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. After the same court’s hiQ Labs decision from 2019, it wasn’t clear whether that was still good law. Breach of Contract 2. Trespass 5. Dilution 7.

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Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Technology & Marketing Law Blog

OCTOBER 14, 2022

Bowers, 2019 Del. & Safety, 2019 U.S. Lamothe, 2019 U.S. State, 2019 Ark. 3, 2019 U.S. Friends of Wwoz, 2019 U.S. Loethen, 2019 U.S. Zinntex appeared first on Technology & Marketing Law Blog. Cases referencing thumbs-up emojis: 2 Bubbles LLC v. Trial Order LEXIS 38 (Del. Angelakos v.

Blogging 116

Blogging Government Marketing Marketing 116

Traverse Legal Blog

APRIL 6, 2022

While NFTs – aka token contracts- last forever on the blockchain ledger, the linked digital asset could be taken from you or have its value/utility diminished or extinguished. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

Licensing 98

Licensing Trademark Contracts Branding 98

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

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Copyright Publishing Journalism Art 123

Technology & Marketing Law Blog

DECEMBER 13, 2023

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.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. However, smart contracts merely permit such coded resale royalty commands, they do not ensure their operability.

Artwork 98

Artwork Contracts Ownership IP 98

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 145

Privacy Law Contracts Design 145

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. Miguel, 2019 Fla. Nov 14, 2019): “Defendant Contreras’ website, “The Digger”, serves as a platform for Defendant Perfetto to publish material involving the Venezuelan community. LEXIS 14912 (Fla.

Social Media 137

Social Media Publishing Marketing Marketing 137

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

TorrentFreak

SEPTEMBER 7, 2022

In 2019, Cox Communications was ordered to pay a billion dollars in damages to record labels. Verizon does operate the “Verizon Anti-Piracy Cooperation” program but the plaintiffs say the contract contains “onerous” terms. These include YTS, The Pirate Bay, RARBG, and 1337x.

Copyright Infringement 140

Copyright Infringement IP Copying Reporting 140

Technology & Marketing Law Blog

DECEMBER 6, 2022

hiQ Labs has been dormant and effectively insolvent since 2019. In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. The CFAA is in part a criminal statute and breach of contract claims are not. The opinion.

Blogging 98

Blogging Contracts Litigation Law 98

LexBlog IP

APRIL 15, 2022

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

Art Marketing Marketing Artwork 52

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. That disclosure may therefore be consideration for a promise to pay.

Contracts 96

Contracts Law Artwork Copyright 96

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author. It is possible to assess the damage suffered by the author under the unfair contract by reference to the practices of the sector (Court of Appeal of Paris, 15 May 1987).

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Portability as a Consumer Contract Remedy. What is portability in the first place, and what does it mean in European law?

IP 93

IP Contracts Social Media Copying 93

The IPKat

AUGUST 24, 2021

Beach + sunbathing + copyright = the perfect summer As readers with an interest in EU copyright are well aware, EU Member States had time until 7 June to transpose the DSM Directive 2019/790 [Katposts here ] into their own national laws. Examples of the latter are the articles on authors’ and performers’ contracts (Articles 18 to 23).

Publishing 133

Publishing Copyright Related Rights Law 133

Technology & Marketing Law Blog

JULY 20, 2023

For what are likely good reasons, Amazon deleted his book reviews and removed his ability to write new ones in October 2019. Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon appeared first on Technology & Marketing Law Blog.

Contracts 75

Contracts Social Media Publishing Blogging 75

Olartemoure Blog

OCTOBER 3, 2023

Considering the above, the main basis for the processing by Meta of the referred data would be informed consent, granted through the acceptance of the service contract. However, in its 2019 decision, the German competition authority held that such consent was not valid, insofar as it was not freely given.

Law 105

Law Privacy Contracts Marketing 105

Technology & Marketing Law Blog

OCTOBER 6, 2021

1400(b) ) are different from rules of personal jurisdiction, and in 2018 and 2019, Judge Rodney Gilstrap of the U.S. Google’s ISPs were obligated under their contract with Google to provide “‘[r]emote assistance services,’ which ‘involve[d] basic maintenance activities’ … if requested by Google.” Patent venue rules ( 28 U.S.C.

Blogging 124

Blogging Business Litigation Ownership 124

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

Kluwer Copyright Blog

JANUARY 9, 2023

It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). . Garrix had entered into a record production contract with the label at a very young age.

Copyright 94

Copyright Blogging Fair Use Reporting 94

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 118

Copyright Art Licensing Contracts 118

Technology & Marketing Law Blog

JULY 9, 2022

Again, were the claim otherwise viable here, Apple’s liability would be premised on its participation in marketing and distributing an illegal gambling device. Dismissing the case again , but saying breach of contract claim (and associated conversion/replevin claims) might have a chance if repled properly. Superior Ct.

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Advertising Advertising Publishing Blogging 131

The IPKat

DECEMBER 5, 2021

Bill proposed new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. With its provisions on equitable remuneration for streaming, contract adjustment, right of revocation and transparency, explained here.] The Bill was debated in the UK Parliament on Friday 3rd December.

Copyright 96

Copyright Music Contracts Government 96

Kluwer Copyright Blog

SEPTEMBER 30, 2024

The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the validity of a number of provisions of the Law of 19 June 2022 , which transposed the 2019 Copyright in the Digital Single Market Directive (CDSMD) in Belgium.

Licensing 123

Licensing Law Contracts Copyright Law 123

LexBlog IP

AUGUST 9, 2022

NBA star Zion Williamson has more to celebrate than his recently announced five-year maximum rookie contract extension with the New Orleans Pelicans , worth up to $239 million. Williamson was also victorious in a lawsuit he filed against his former agent Gina Ford, and her agency Prime Sports Marketing LLC (“Prime Sports”).

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Contracts Branding Brands Branding 52

The IPKat

OCTOBER 6, 2021

Conferences, webinars On October 18, the Institute for Intellectual Property and Market Law (Stockholm University) will hold an online conference devoted to ‘ The Making of EU Copyright ’. The occasion of the conference is the publication of Eleonora Rosati’s book, " Copyright in the Digital Single Market.

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Intellectual Property Copyright Law Registration Copyright 67

The IPKat

JULY 19, 2022

The consultation will be open until 29 September 2022 and is available on the Have Your Say portal.

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Licensing Intellectual Property Contracts IP 73