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.”

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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.

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Technology & Marketing Law Blog

JUNE 18, 2022

The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. 2022 WL 2106077 (M.D. June 10, 2022). Cognizant appeared first on Technology & Marketing Law Blog. ” Furthermore, Cognizant may not have had a duty to disclose. ” Nor does OSHA. ” Nor does OSHA.

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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.

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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). Dorsey appeared first on Technology & Marketing Law Blog. ” Cites to Roommates.com and Barnes v. Cite to King v. Prima Facie Case. See the dataset from last year. Case citation : Rangel v.

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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.,

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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.

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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.

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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.

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Technology & Marketing Law Blog

APRIL 23, 2022

Plus, “Facebook cannot be said to have been a willful wrongdoer when the contract did not require it to preserve any content of its users.” April 20, 2022). Facebook appeared first on Technology & Marketing Law Blog. Also, Facebook’s TOS waives special damages. Peculiar Value. Case citation : King v.

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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.

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Kluwer Copyright Blog

FEBRUARY 13, 2024

In 2022, in the UK Parliament, the Digital, Culture, Media and Sport Select Committee, in its final report on the Economics of Music Streaming , made a number of recommendations, including speedy adoption of reversion and contract adjustment rights so that UK artists do not fall behind their European counterparts.

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Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

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The IPKat

NOVEMBER 25, 2024

It seems obvious that trade mark rights regarding goods placed on the Turkish market by the trade mark owner are not exhausted under Art. The defendant is a German food wholesaler, who imported coffee placed on the Turkish market by the plaintiff (shown below) into Germany without the plaintiff's consent. According to Art.

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Technology & Marketing Law Blog

MARCH 29, 2022

” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Innogames, 2022 U.S. March 28, 2022). Forge of Empires appeared first on Technology & Marketing Law Blog. ” Products Liability. Implications. LEXIS 55640 (W.D.

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Kluwer Copyright Blog

JANUARY 9, 2023

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons.

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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.

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Technology & Marketing Law Blog

DECEMBER 10, 2022

2 claim, alleging that Google willfully monopolized a market. But which market? Dreamstime now says it’s complaining about the online search market; but the appeals panel concludes that Dreamstime repeatedly insisted to the lower court that it was complaining ONLY about the online search ad market. Case dismissed.

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Technology & Marketing Law Blog

MAY 22, 2022

The court summarizes: Twitter’s immunity extends to all of Al-Ahmed’s suspension-based claims, but not his breach of contract claim based on Twitter’s failure to provide adequate justification for the suspension and to adequately or meaningfully address and consider his appeal from the suspension of his account.

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Technology & Marketing Law Blog

SEPTEMBER 30, 2024

The court characterizes the formation process as a “clickwrap,” which the court says usually create binding contracts. This court responds that Kauders “did not conclude that an online-service contract could never notify a customer of an arbitration provision. That’s the case here.

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IPilogue

DECEMBER 8, 2022

The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports. They are minted using smart contracts. The claimant then sued the defendant for an “equitable proprietary claim” over the Bored Ape NFT, conversion, breach of contract, and unjust enrichment.

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The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

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Plagiarism Today

AUGUST 2, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO (@the_spice_club) January 15, 2022. The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit.

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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.

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Kluwer Copyright Blog

JULY 27, 2022

Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Source: European Copyright Society. MS should be vigilant that the public interest and the harmonizing goal sought by Article 5 is duly satisfied.

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Technology & Marketing Law Blog

JULY 9, 2022

Match Group LLC , 2022 WL 877107 (N.D. March 24, 2022). Donegan , 2022 WL 992527 (E.D.N.Y. March 31, 2022). 2022 WL 35601 (N.D. 4, 2022): The prior dismissal order rejected Apple’s contention that the Communications Decency Act (“CDA”), 47 U.S.C§ 230. § 230 , bars plaintiffs’ claim in its entirety.

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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.

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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.

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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 ).

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. Apple appeared first on Technology & Marketing Law Blog. It’s also another example where changing Section 230 would not change the outcome of this case. Implications. Case citation : Diep v. Apple, Inc.

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Technology & Marketing Law Blog

APRIL 26, 2023

Although we have experienced a technological revolution in the way parties communicate, technological innovation has not altered these fundamental principles of contract formation… there is no evidence that the email allegedly sent to drivers adequately notified drivers of the update. ” Judge Graber dissents in part.

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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.

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Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

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IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. NFTs are governed by smart contracts, which divide ownership and limit transferability. Blockchain technology allows smart contracts to operate, ensuring the integrity of all sent and received data. [iv]

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Technology & Marketing Law Blog

JUNE 10, 2022

Breach of contract, perhaps? But that would only be enforceable by users in contract privity). 2022 WL 2063231 (D. June 8, 2022). HDR appeared first on Technology & Marketing Law Blog. So it seems like there ought to be some legal protections here. Maybe ECPA isn’t the right approach. The complaint.

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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.

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Technology & Marketing Law Blog

JANUARY 12, 2022

So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. Google LLC , 2022 WL 94985 (N.D. Google Successfully Amends Adwords Contract to Add Arbitration–AdTrader v. Google appeared first on Technology & Marketing Law Blog. Case Citation: Singh v. The CourtListener page. More Click Fraud Posts.

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