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

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. June 22, 2023).

Privacy 92

Privacy Contracts Marketing Marketing 92

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. Note: The responses below were received in 2023.

Privacy 138

Privacy IP Technology Reporting 138

The IP Law Blog

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users. Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Although Meta contends that it posted its term updates on users’ Facebook pages, there is no indication that those terms related to anything other than privacy concerns. 2023 WL 7325109 (N.D. Meta Platforms, Inc.

Trademark 95

Trademark Contracts Blogging Fair Use 95

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. The terms prohibited scraping.

Cease and Desist 89

Cease and Desist Blogging Contracts Privacy 89

BYU Copyright Blog

NOVEMBER 2, 2023

July 31, 2023, Pima filed a complaint against Yuksel for his refusal to remove videos he had posted on YouTube and his website. Moreover, Pima asserts that Yuksel's actions constitute a threat to students' privacy and a violation of their rights under the Family Educational Rights and Privacy Act (FERPA).The Complaint at 5-6).Furthermore,

Privacy 40

Privacy Copyright Infringement Copyright Contracts 40

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Regulation of Political Advertising (2022 Edition).

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

FEBRUARY 14, 2024

The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. 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.

Contracts 76

Contracts Advertising Advertising Privacy 76

LexBlog IP

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users. Apple, Inc. ,

Marketing 52

Marketing Marketing Privacy Contracts 52

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 81

Contracts Blogging Advertising Advertising 81

LexBlog IP

JULY 31, 2023

On May 25, 2023, the Texas Legislature enacted the biggest structural change to the Texas court system in recent memory. Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. Cases exceeding $10 million.

Business 52

Business Contracts Government Law 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. July 31, 2023) This is a lawsuit over Blue Kai’s alleged keystroke logging on ESPN.com. In re: StubHub Refund Litigation , No.

Contracts 74

Contracts Law Reporting Blogging 74

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. 2023 WL 3449131 at *1 (N.D. May 11, 2023). The court also held that plaintiffs were permitted to proceed pseudonymously. Complaint at 2. GitHub, Inc.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

43(B)log

JUNE 6, 2023

2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. Enigma Software Grp. USA, LLC v. Malwarebytes, Inc., 21-16466 (9th Cir. Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

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. New cultural policy in Australia, 2023: fear of voices being drowned out.

Copyright 52

Copyright Fair Use Marketing Marketing 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JUNE 14, 2024

Despite the importance of those Fall 2023 rulings, I never blogged either. That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” Media Cases , 2023 Cal. Superior Ct.

Social Media 72

Social Media Publishing Designs Design 72

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

JUNE 7, 2023

In January 2023, the same lawyers who brought the class action suit against Copilot on behalf of the Doe plaintiffs filed a complaint in the Northern District of California ( Andersen v. Getty Images filed a similar lawsuit in January 2023 in the UK High Court and in February 2023 in the District of Delaware ( Getty Images (US), Inc.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

Technology & Marketing Law Blog

APRIL 19, 2023

The plaintiff initiated an arbitration against Microsoft alleging breach of contract, breach of the implied duty of good faith and fair dealing, negligence, breach of privacy, conversion, and consumer fraud. 2023 WL 2966947 (D.N.J. Microsoft defeated the arbitration on Section 230(c)(2)(A) grounds. Case citation : Deutsch v.

Contracts 91

Contracts Privacy Law Blogging 91

U.S. Department of Commerce

APRIL 3, 2023

But there’s so much more we can do to realize the Department’s full potential to apply data to power the American economy and create a smarter government that better fulfills its end of the social contract with the American people. These are big questions that will take the best minds—both inside and outside of government –to address.

Government 98

Government Licensing Technology Privacy 98

Technology & Marketing Law Blog

JANUARY 24, 2023

As bad as 2022 was, 2023 will be worse. and 2023 could officially mark the conclusion of that era. It also puts users’ privacy and security (including minors’!) Many/all of these are coming back in 2023, so the fight has been only paused, not won: * KOSA. Rev. __ (forthcoming 2023) (with Laura Lee Norris).

Law 116

Law Social Media Government Privacy 116