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 82

Blogging Copyright Contracts Cease and Desist 82

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 93

Blogging Contracts Copyright Law Copyright 93

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 107

Contracts Privacy Social Media Advertising 107

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. 4] Andrew L. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. ” Publisher/Speaker Claims. ” Oops.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

Technology & Marketing Law Blog

MARCH 23, 2022

March 18, 2022). Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)”. Case Citation: Callahan v. PeopleConnect, Inc. , 21-16040 (9th Cir.

Privacy 103

Privacy Contracts Personality Rights Litigation 103

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.

Cease and Desist 113

Cease and Desist Contracts Privacy Business 113

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. 2022 WL 4372349 (N.D. Case citation : Shared.com v.

Contracts 95

Contracts Social Media Advertising Advertising 95

BYU Copyright Blog

NOVEMBER 2, 2023

These videos contained recordings of some of the class lectures he had recorded during his tenure at Pima.Pima contends that Yuksel breached his employment contract by knowingly recording class lectures from 2015 through 2022, even though such recordings were prohibited by the school's policies. Complaint at 5-6).Furthermore,

Privacy 40

Privacy Copyright Infringement Copyright Contracts 40

The IPKat

JUNE 26, 2022

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. Registration is open and more details can be found here. Further information is available here.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. The nature and extent of both parties’ usage of the contract subject-matter post termination should be detailed.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

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.

Social Media 83

Social Media Contracts Ownership Business 83

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. “ Privacy. * In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. What If Holdings, 2022 WL 17869275 (N.D.

Privacy 102

Privacy Marketing Marketing Social Media 102

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.

Privacy 138

Privacy IP Technology Reporting 138

LexBlog IP

JUNE 21, 2022

A recent decision by the Second Circuit reminds litigants that a party asserting a trade secret misappropriation claim under the federal Defend Trade Secrets Act (DTSA), or New York law, must detail in a pleading “the “reasonable measures” employed to maintain the secrecy of the alleged trade secret. In Turret Labs USA, Inc.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

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 74

Contracts Law Reporting Blogging 74

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.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

JIPEL Copyright Blog

DECEMBER 1, 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. Van Buren , at 1655.

Contracts 40

Contracts Licensing Copying Confidentiality 40

The IPKat

SEPTEMBER 3, 2022

In advancing a feminist reading of the industry, the chapter exposes the invasions of privacy and other abuses involved in the effort to recruit Nellie Melba (1861–1931), darling of the opera season at Covent Garden and the New York Metropolitan Theatre, and what she received from the arrangement.

Copyright 95

Copyright Music Intellectual Property Marketing 95

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

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Artwork Trademark Publishing Marketing 100

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.

Privacy 140

Privacy Designs Design Business 140

Technology & Marketing Law Blog

AUGUST 7, 2022

June 29, 2022). While I haven’t done close comparison between the laws of Washington and California regarding agency, I have to think they are similar enough that the difference in outcomes was not entirely a function of differences in state law. Surprisingly, Knapke did not file a request for rehearing. Case citation: Knapke v.

Blogging 83

Blogging Reporting Advertising Advertising 83

LexBlog IP

JUNE 7, 2023

” In November 2022, two anonymous software programmers who own source code repositories publicly available through GitHub brought a class action lawsuit in the Northern District of California against GitHub and OpenAI ( DOE 1 et al v.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

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 74

Blogging Contracts Cease and Desist Confidentiality 74

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 102

Copying Copyright Law Copyright Social Media 102

LexBlog IP

MARCH 27, 2023

ChatGPT was trained in early 2022, so it is aware of data, news, and information up to that time. Said another way, it is “unaware” of news or events post-early 2022 because such news and events were not available at the time when ChatGPT was created. early 2022). In August 2022, the U.S. See Thaler v.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

IP and Legal Filings

AUGUST 13, 2022

As we transition into 2022, these skyrocketing numbers don’t seem to halt any time soon. 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

Technology & Marketing Law Blog

JANUARY 28, 2022

The agreement also granted a license to JLM in Gutman’s name (“Hayley, Paige, Hayley Paige Gutman, Hayley Gutman, Hayley Page, or any derivative thereof”). At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship.

Social Media 93

Social Media Ownership Contracts Privacy 93

43(B)log

FEBRUARY 19, 2022

licensing) for roles. Business frame obscures broader privacy harms. Amazon may also be able to redefine information by contract. Social roles are fundamental: shorthand that help us understand what behavior is appropriate or inappropriate based on relationship context. Law can shape roles: set exit and entry conditions (e.g.

Law 119

Law Branding Brands Branding 119

Technology & Marketing Law Blog

JULY 31, 2022

Paxton , 2022 WL 610352 (9th Cir. March 2, 2022). March 9, 2022). 2022 WL 2712549 (N.D. July 11, 2022). Biden, 2022 WL 2825846 (W.D. July 12, 2022). If the law requires services to do anything more than this token response, it should be clearly unconstitutional. Twitter, Inc. Meta , Case No.

Social Media 112

Social Media Reporting Government Law 112

Technology & Marketing Law Blog

JANUARY 24, 2023

Three dynamics combined to make 2022 a brutal year for Internet Law. In 2022, this partisan calculus prompted a steady stream of poorly conceived messaging bills. Third, 2022 was an election year, so politicians on all sides pretended they cared about “protecting kids online.” As bad as 2022 was, 2023 will be worse.

Law 116

Law Social Media Government Privacy 116