Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

Technology & Marketing Law Blog

OCTOBER 8, 2022

Before 2022, courts usually enforced the former strategy while requiring some evidence of actual or constructive notice to enforce the latter. 2022 WL 2673080 (N.D. 2022 WL 2673080 (N.D. 2022 WL 4112360 (N.D. Thayer , 2022 WL 4290310 (D. In 2022, plaintiff sued defendant for breach of contract, among other things.

Marketing 137

Marketing Marketing Contracts Business 137

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Branding 131

TorrentFreak

MAY 11, 2023

For the sole defendant in yet another Bungie lawsuit, filed at exactly the same court in 2022, these headlines should make for uncomfortable reading. Twitch Streamer Feels The Heat In its July 2022 complaint , Bungie targeted a Twitch user who reportedly live streamed himself cheating in Destiny 2 while evading multiple bans.

Derivative Work 143

Derivative Work Contracts Licensing Copyright Infringement 143

Plagiarism Today

AUGUST 2, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO (@the_spice_club) January 15, 2022. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

Technology & Marketing Law Blog

DECEMBER 27, 2022

30, 2022): Tofurky prevails on the merits of its argument that that [sic] the speech it not inherently misleading. 2022 WL 17248983 (9th Cir. Parker, 2022 WL 17403220 (D.D.C. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. What If Holdings, 2022 WL 17869275 (N.D. 2022 WL 3012528 (C.D.

Privacy 116

Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 98

Contracts Law Reporting Blogging 98

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

According to the complaint, in early 2022, Andretti Global hired the Plaintiff and the Defendants to design and construct a racing facility in Fishers, IN. The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. 2022 WL 1459568 (N.D.

Contracts 133

Contracts Publishing Licensing Editing 133

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26 In Bardales v.

Contracts 145

Contracts Blogging Technology Law 145

Patently-O

MARCH 7, 2022

” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. 24, 2022) [ WasteManagementDismissal ]. This includes name, SSN, DOB, Driver’s License, etc. However, the complaint alleges that the implied contract was that WM “act reasonably.”

Privacy 118

Privacy Contracts Licensing Litigation 118

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

MARCH 24, 2022

” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. ” Daystar sued Vimeo in NY state court for breach of contract and unjust enrichment. .” Contract Breach Claim. 2022 WL 839409 (N.Y.

Contracts 139

Contracts Television Blogging Publishing 139

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

Social Media 138

Social Media Contracts Advertising Advertising 138

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

The IPKat

NOVEMBER 16, 2022

Background Articles 18-22 of the DSM Directive establish a series of protective measures in favour of authors and performers who license or transfer the exclusive economic rights over their works or performances to third parties for the purpose of exploitation.

Contracts 124

Contracts Licensing Government Law 124

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. Twitter for this intersection of Section 230 and contract breach claims. 2022 WL 1240860 (N.D. April 27, 2022). & Prof.

Contracts 128

Contracts Advertising Advertising Publishing 128

IPilogue

JUNE 28, 2022

In March, the Law Society of Ontario (LSO) announced that it would cancel its March 2022 licensing examinations , citing information that “strongly indicat[ed] that examination content [had] been improperly accessed by some candidates” and evidence of “potential involvement of third parties in this activity.”

Copyright 117

Copyright Licensing Copyright Infringement Contracts 117

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 125

Contracts Registration Designs Design 125

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. licenses for specific uses). 2 of the Rental and Lending Rights Directive.

Copyright 126

Copyright Art Licensing Contracts 126

Technology & Marketing Law Blog

OCTOBER 11, 2022

It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. ” Explicitly misleading: Saber argued that videogame players expect that game manufacturers have licensed any actual vehicles depicted in the simulation (boo). ” Implications.

Licensing 140

Licensing Designs Design Marketing 140

Technology & Marketing Law Blog

JULY 22, 2022

This covers the breach of contract claim too. Contract breach. Dorsey , 2022 WL 2820107 (N.D. July 19, 2022). . “his claims derive entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” ” Cites to Roommates.com and Barnes v.

Contracts 116

Contracts Publishing Blogging Marketing 116

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. On May 18, 2022, Leone tweeted an image of Bungie employee Dylan Gaffner.

Derivative Work 144

Derivative Work Social Media Contracts Licensing 144

TorrentFreak

SEPTEMBER 22, 2022

Every time he signed back up he breached Bungie’s Limited Software License Agreement (LSLA), Bungie said. On July 25, 2022, ten days after the lawsuit was filed, @inkcel’s attorney advised the court that his client is in fact a minor child. Acts of fraud according to the lawsuit. According to his attorney, L.L.

Copyright Infringement 138

Copyright Infringement Contracts Licensing Copyright 138

Patently-O

JANUARY 12, 2022

2022 ) (non-precedential). There is a lot going in this decision, but the crux of the appeal is a license interpretation question. Here are the rough facts: Hwang licensed its patent rights to Plastronics Socket. In particular, Hwang had a right to further license the patent, but only with approval from Plastronics.

Contracts 78

Contracts Licensing Patent Law 78

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 145

Contracts Publishing Law Government 145

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

The IPKat

JANUARY 27, 2023

In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed. Its revised terms make clear that platform users are not granted an express license. For example.

Licensing 133

Licensing Fair Use Blogging Copyright 133

BYU Copyright Blog

SEPTEMBER 6, 2022

In late July of 2022, MMAS Research ("MMAS") filed a Complaint against the University of Wolverhampton ("Wolverhampton"), Morisky Medication Adherence Research LLC ("MMAR"), Donald Morisky, Philip Morisky, and several unknown or unidentified individuals.

Licensing 52

Licensing Intellectual Property Copyright Infringement Contracts 52

The IPKat

JULY 19, 2022

The symposium will take place on 23 September 2022 from 9:00am to 4:00pm. 4iP Council - CRISPR Processes Patents in Green Biotechnology: the Benefits of Patent Pools and Clearing Houses - 15 September 2022 - Online The current CRISPR patent landscape presents a variety of barriers to research, innovation, and profit.

Licensing 75

Licensing Intellectual Property Contracts IP 75

The IPKat

APRIL 5, 2023

Andrew Lykiardopoulous KC and Henry Edwards of 8 New Square presented the patent case highlights of 2022 in the form of a delayed Christmas menu, ranging from Neo crackers to Optis turkey with secret sauce. There were 17 Patents Court judgments in 2022, eight of which were written by Meade J.

Reporting 75

Reporting Patent Patent Infringement Technology 75

Technology & Marketing Law Blog

JUNE 2, 2022

” However, Sedlik “believed he licensed the Portrait for use in the making of a tattoo, and that he has been approached several times by tattooists or their clients to request a license to use the Portrait in a tattoo and that he may have rejected at least some of their requests if he did not approve of the quality of their work.”

Copyright 145

Copyright Social Media Fair Use Licensing 145

LexBlog IP

SEPTEMBER 7, 2023

a former University of Florida Gator and current Chicago Bear, filed a lawsuit aimed at invalidating an NIL contract that he signed during his junior year at the University of Florida. ” The initial term commenced upon contract signing and concluded with Dexter’s ineligibility under NCAA rules.

Contracts 52

Contracts Law Business Licensing 52

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. 228/4 of the Belgian Code of Economic Law).

Licensing 130

Licensing Law Contracts Copyright Law 130