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. 9, 2021, No. See, e.g., Britt v.

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Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. I posted a chapter from the book: Online Contracts. This year is a little different.

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LexBlog IP

JULY 26, 2023

46/2021 Electronic Transactions and Trust Services. 46/2021: Enhancing Trust and Facilitating Electronic Transactions Federal Decree-Law No. 46/2021 focuses on promoting electronic transactions, investment, and the provision of electronic services to the public. These contracts are legally valid and enforceable.

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Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

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Cease and Desist Contracts Privacy Business 111

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

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IP Artwork Contracts Intellectual Property 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim. In this respect, GMB functioned as a payment processor, nothing more.

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Contracts Advertising Advertising Privacy 74

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. When we finalized our dataset in early 2021, we found 62 opinions. Section 230.

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Publishing Government Contracts Law 96

LexBlog IP

NOVEMBER 4, 2021

Further, the licensee did not commit misappropriation by hiring another provider to maintain and further develop the source code, where the license provided “the right. then sued NQA for breach of contract and trade secret misappropriation. 20-1552, 2021 U.S. 26, 2021). to use the. Jadian and its owner, Epazz, Inc.,

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Licensing Confidentiality Contracts Registration 52

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. The court previously denied Kiwi’s motion to dismiss, without much discussion of the merits. Case citation : Southwest Airlines Co.

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Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had.

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Social Media Contracts Ownership Business 81

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

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Privacy IP Technology Reporting 137

JIPEL Copyright Blog

DECEMBER 1, 2021

1648 (2021). Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. It can’t be interpreted more broadly to include other limitations by contracts or policies.

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Contracts Licensing Copying Confidentiality 40

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

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Law Art Privacy Government 97

JIPEL Copyright Blog

MARCH 9, 2022

That said, for risk-averse museums who may (understandably) wish not to serve as a litigation guinea pig, obtaining authorization from the appropriate rights owners through licenses and contracts may be the preferred approach. The legal concerns aside, the use of AR and VR in museums arguably benefits the public.

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Moral Rights Fair Use Art Social Media 52

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This judgment concerned the classification of payments under end-user license agreements (EULA). c) Top 10 Other IP Developments.

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LexBlog IP

JUNE 21, 2022

12, 2021), aff’d , No. As noted by the District Judge, the DTSA “does not provide further guidance on what constitutes ‘reasonable measures’ to keep the information secret.” ” Turret Labs USA, Inc. CargoSprint, LLC , No. 19-cv-793EKRML at 4 (E.D.N.Y. 21-952 (2nd Cir. ” No. 21-952, at 5. ” Id.

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Technology & Marketing Law Blog

DECEMBER 17, 2021

2021 WL 5910071 (S.D.N.Y. maybe the US court will be more pro-consumer/less business-tilted than UK courts? I also invite your speculations about why the plaintiffs chose to litigate in the US and are fighting to stay here. Case citation : Finch v. Xandr, Inc., The post New York Court Is the Wrong Venue for UK GDPR Class Action–Finch v.

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43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. You see ratesetting and other key license provisions. Super-narrow © license.

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Copyright Fair Use Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

15th, 2021 – Get your tickets for ‘American Skin’ in the following theaters,” Nathaniel Parker (@origi_nate), Instagram, [link] plaintiffs do not offer any other instances in which the defendants engaged in D.C. Hovermann , 2021 WL 9032222 (E.D.N.Y. “ Privacy. * Put another way, by listing D.C. ” * Pelkowski v.

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43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Jose Antonio Arochi: Mexico doesn’t have specific regulations. Chemence, Feb.

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Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

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Privacy Designs Design Business 139

LexBlog IP

JUNE 7, 2023

In collaboration with OpenAI, GitHub released an artificial intelligence-based offering in 2021 called Copilot, which is powered by OpenAI’s generative AI model, Codex. GitHub, acquired by Microsoft in 2018, is an online repository used by software developers for storing and sharing software projects.

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Licensing Copyright Notice Copyright Privacy 52

SpicyIP

JULY 19, 2021

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. The deadline for submissions is September 19, 2021.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement. Lastly, chapter 11 provides a summary of performer’s rights around the world.

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Moral Rights Contracts Editing Related Rights 126

Kluwer Copyright Blog

JULY 11, 2024

The press sector strongly supports this position, with the argument usually phrased as media organisations, not individual journalists, benefitting from licensing. However, an offer of 220 EUR per year made by Le Figaro in 2021 was rejected, as was the offer of 3% of revenues made by 20 Minutes.

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Publishing Art Journalism Copyright 74

Kluwer Copyright Blog

MAY 11, 2023

Missed deadline and transposition In the same way as many EU member states, Ireland missed the transposition deadline (7 June 2021). The Irish legislative transposition finally became law on 19 November 2021. The key element to note here is that the Regulations are a type of secondary legislation, known as a Statutory Instrument.

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Copying Copyright Law Copyright Social Media 102

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. But there is more. More from our authors: Law of Raw Data.

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Copyright Intellectual Property Law Public Domain Copyright Law 55

The IPKat

NOVEMBER 27, 2021

The book consists of four parts, 52 chapters, and covers research methods in a variety of areas of law: privacy law, criminal law, popular culture research, or psychology, to name a few. Jacques de Werra follows with Chapter 4, where he discusses research perspectives on contract law and IP. Montagnani, OUP, 912 pp.),

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Intellectual Property IP Law Privacy 144

43(B)log

AUGUST 17, 2021

2972, 2021 WL 3568394 (D.S.C. 12, 2021) Query whether this kind of case will come out differently as TransUnion v. California Consumer Privacy Act : The CCPA provides a private right of action for actual or statutory damages to “[a]ny consumer whose nonencrypted and nonredacted personal information. In re Blackbaud, Inc.,

Privacy 57

Privacy Business Litigation Confidentiality 57

LexBlog IP

MARCH 27, 2023

It has limited knowledge of world and events after 2021 and may also occasionally produce harmful instructions or biased content.” Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. 2021-2347 (Fed.

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Intellectual Property IP Inventor Copyright 52

Technology & Marketing Law Blog

JULY 20, 2021

Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.” 2021 WL 2932203 (D.C. July 13, 2021). It had three buttons allowing users to sign up using Facebook, Google, or email. Case citation : Selden v. Airbnb, Inc.

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IP and Legal Filings

AUGUST 13, 2022

Million in 2021 and the same almost quadrupled in 2021 with a total sale volume of $24.8 Also, if smart contracts are applied to the purchase of an NFT then a small amount of royalty can also be given to the original creator of that work however at present there is no such system. The NFT sale volume totalled $94.09

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Non-Fungible Tokens Intellectual Property Government Art 52

SpicyIP

OCTOBER 11, 2022

Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). With the increased collection and use of data, privacy law comes to the forefront as something that is really important for law students and lawyers to know. There is an emerging concept of Technology Marketplaces. Don’t get me started.

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IP Law Intellectual Property Privacy 105

SpicyIP

JUNE 13, 2022

Change in titles su ggests a shift in focus – from protection of privacy to regulation of data as an asset. If the State cannot manage to negotiate an assignment (the technology only being licensed), it must ensure that its confidentiality obligations are narrowed down. Will a self-certification satisfy this requirement?

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Technology & Marketing Law Blog

JULY 31, 2022

2021 CA 004450 2 (D.C. Setting up legal incentives to encourage noncompliance with investigatory demands is bad policy, but it’s still better than censorship-via-CID. Twitter has filed a petition for rehearing en banc. * Meta , Case No. Superior Ct. March 9, 2022).

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Social Media Reporting Government Law 110

Technology & Marketing Law Blog

JANUARY 24, 2023

It also puts users’ privacy and security (including minors’!) Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. This discourages visits to new sites, which will reward incumbents and thwart new market entrants.

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Law Social Media Government Privacy 115