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

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

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts 52

Contracts Business Confidentiality Privacy 52

TorrentFreak

FEBRUARY 7, 2023

Court Dismissed Bungie’s Copyright Claims In May 2022, U.S. Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. Bungie did so by exceeding the authorization provided to it by the Bungie Privacy Policy. This attempt was more successful.

Contracts 144

Contracts Privacy Copyright Infringement Copyright 144

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

OCTOBER 16, 2022

The plaintiff alleged negligence, negligent infliction of emotional distress, and invasion of privacy based on third-parties posting her private information and allowing users to threaten her with murder and rape. ” Contract Breach. 2022 WL 4913347 (N.D. ” Section 230. Yes, citing Cross v. Citing Barnes v.

Government 111

Government Privacy Blogging Publishing 111

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 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 143

False Advertising Privacy Publishing Advertising 143

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 111

Contracts Privacy Social Media Advertising 111

LexBlog IP

FEBRUARY 18, 2022

Porter Wright is proud to announce that international business and privacy & data security attorney Katja Garvey has been elevated to serve as chair of the firm’s International Business & Trade Practice Group. International business, and privacy and data security experience.

Privacy 52

Privacy Business Law Contracts 52

Patently-O

MARCH 13, 2022

OK Foods , 2:21-CV-02200, 2022 WL 738072 ( W.D. 10, 2022 ). Coffey sued OK Foods, bringing a class action for negligence, breach of implied contract, breach of confidence, invasion of privacy, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing. by Dennis Crouch. She got the job.

Privacy 122

Privacy Contracts Copying Reporting 122

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 116

Privacy Contracts Personality Rights Litigation 116

TorrentFreak

MAY 29, 2023

By June 2022, Bungie had a $13.5 By June 2022, Bungie had a $13.5 Bungie Asks Court For More Time Earlier this month, Bungie was awarded over $16 million against a single defendant, with claims spanning copyright law, breach of contract, and civil RICO violations.

Copyright 145

Copyright Privacy Settlement Copyright Infringement 145

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

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 119

Contracts Social Media Advertising Advertising 119

IPilogue

APRIL 4, 2022

This article was originally published online on 28 March 2022 on New Internationalist and will be included in their March-April 2022 publication. Her privacy has been repeatedly invaded by complete strangers since childhood. Roxana Olivera is an award-winning investigative journalist based in Toronto.

Privacy 119

Privacy Publishing Journalism Copyright 119

Olartemoure Blog

NOVEMBER 11, 2022

Regulatory decree 255 of 2022. Sensitive Data is defined as the personal data that affects the privacy of the Data Subject or whose inadequate use may lead to discrimination against the Data Subject. Regulatory Decree 255 of 2022. Colombia privacy regulations se publicó primero en OlarteMoure | Intellectual Property.

Privacy 52

Privacy Law Intellectual Property Business 52

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

Privacy 40

Privacy Law Higher Education Contracts 40

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 116

Cease and Desist Contracts Privacy Business 116

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

43(B)log

FEBRUARY 18, 2022

Goodman: Startup Law clinic: incorporation, TM, contract formation. FDA, HIPAA, privacy, patents, FAA drone rules, etc. Contract w/MIT: obligated to help every student who comes to us. Income thresholds, using Patent Office’s standards for small enough to serve. Gets you in and gets you started. That can be a struggle.

IP 61

IP Contracts Business Privacy 61

LexBlog IP

NOVEMBER 3, 2022

California law will soon require businesses to treat their employees and business partners as consumers under the California Consumer Privacy Act (CCPA). Previously, the CCPA excluded employee data; however, this exemption is set to expire on December 31, 2022. However, this exemption also is set to expire on December 31, 2022.

Privacy 40

Privacy Business Contracts Law 40

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

TorrentFreak

JULY 8, 2024

The site launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. For example, the organization spent $1,548,693 on upgrades for its hardware infrastructure, and an additional $608,069 for a two-year Cloudflare contract that helps to protect the service against malicious outside attacks.

Publishing 142

Publishing Privacy Contracts Copyright Law 142

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. You can find the full report here.

Copyright 131

Copyright Ownership Social Media Licensing 131

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. Gutman, 2022 U.S. The Spectacular Failure of Employee Social Media Privacy Laws. Case citation : JLM Couture, Inc.

Social Media 119

Social Media Ownership Business Branding 119

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 98

Social Media Contracts Ownership Business 98

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Application. reportAd: {.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

LexBlog IP

JULY 8, 2022

The Freelance Isn’t Free Act (the “Act”) if signed, would amend the New York Labor Law to establish rights for covered freelance workers such as the rights to receive a written contract, receive timely and full payment, and freedom from retaliation. text: ‘Privacy’, }. }. }); }); Independent Contractors.

Design 52

Design Designs Law Contracts 52

IP and Legal Filings

NOVEMBER 15, 2024

The Amendment makes betting, wagering, and gambling, in whatever form or manner, with money, a crime, whether the contract involves a game of skill or chance. Additionally, users need to be aware of what’s happening, and need data privacy standards that adequately protect them. But cash stakes are not forbidden in games.

Advertising 97

Advertising Advertising Law Due Diligence 97

IP and Legal Filings

MARCH 10, 2023

[i] The primary objective behind such a regulation is to deal with new and emerging challenges in digital lending landscape such as unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices used by lending platforms.

Privacy 97

Privacy Marketing Marketing Reporting 97

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 45

Fair Use Contracts Litigation Copying 45

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. One lesson: Threats to privacy are threats to communities and practices that sustain creativity.

Public Domain 52

Public Domain Contracts IP Privacy 52

LexBlog IP

OCTOBER 12, 2021

As part of the new Fair Consumer Contracts Act , [ Gesetz für Faire Verbraucherverträge ; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq., full text publicly available ( in German ) Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. Read the full client alert.

Cease and Desist 52

Cease and Desist Contracts Publishing Business 52

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. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40