LexBlog IP

DECEMBER 22, 2022

As we head into 2023, advertisers, publishers, ad tech companies and others involved in the digital advertising ecosystem are facing significant challenges when it comes to data. Many clean rooms involve the advertiser and publisher uploading data into a platform where that data can then be matched and operated on.

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LexBlog IP

AUGUST 12, 2022

Indeed, if there is a privacy or security issue that you have pondered recently, there is a good chance that it is mentioned in the ANPR. ” As for Commissioner Phillips , his core concern is that Congress, not the FTC, is “where national privacy law should be enacted.”

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TorrentFreak

JUNE 19, 2023

App piracy includes legitimate apps that are copied but we reserve our reporting to those that are advertised as a gateway to pirated content or live streams. Some apps may monetize user data, for example, but for the vast majority advertising is the income stream of choice. The ultimate goal of the developers is the same though.

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Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???)

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JIPEL Copyright Blog

MAY 3, 2021

Michael Costanza filed a $100 million lawsuit against Jerry Seinfeld, Larry David (the show’s co-creator), and NBC for invasion of privacy, defamation, and being cast in a false light. Specifically, sections 50 and 51 of New York’s Civil Rights Law provide the only basis for a right of privacy in the state. This is where it gets juicy.

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Technology & Marketing Law Blog

JANUARY 22, 2023

” Publisher/Speaker Claim. “Ratermann’s claims are, indisputably, based on these Defendants’ allegedly unlawful ‘dissemination’ of her likeness and nothing more… Even if Defendants ‘used’ Ratermann’s likeness ‘for advertising purposes,’ that does not defeat the protection of Section 230.”

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Olartemoure Blog

JULY 28, 2022

The Andean Community has come up with a new Patent Examination Manual for IP offices throughout the community, updating the current Patent Manual published back in 2003. 07/28/22 – Data Privacy. Colombia’s Data Privacy authority recently announced measures for personal data protection aimed at data controllers and processors.

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Technology & Marketing Law Blog

DECEMBER 14, 2022

Kogan made a similar post to her account : MedSpa and Kogan published the photo other times as well. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. The Twitter previews juxtaposing the 50 Cent photo with the eggplant photo aren’t necessarily in the advertiser’s control.

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Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Ancestry , Knapke v.

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Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. Original source in Spanish.

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TorrentFreak

FEBRUARY 22, 2023

These apps play a key role in the advertising mechanisms that generate revenue for the Pluto TV service and support the free-to-watch model. Users may also prefer less advertising or find the amount of user data scooped up by official apps a privacy risk.

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Michael Geist

FEBRUARY 24, 2023

Rather, they link to it and thereby send the user to the publisher’s own platform where the publisher benefits from increased traffic and potential ad revenue. It's about them reselling the data from your online activity to advertisers. Google and Facebook don’t typically reproduce the news. It's not about the clicks.

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Technology & Marketing Law Blog

MAY 18, 2022

As alleged in the Amended Complaint, the Classmates’ website uses his image to advertise a paid subscription to its services in at least two ways.” The advertisements at issue that Classmates created are not intertwined with otherwise protected speech.” The teasers are advertisements. ” First Amendment.

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IPilogue

JANUARY 11, 2023

Publishing is, of course, one of the core copyright industries – if not the core industry historically associated with copyright. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation.

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Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

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Technology & Marketing Law Blog

SEPTEMBER 26, 2021

Ancestry doesn’t qualify for Section 230 for 2 independent reasons: “while the yearbook publishers originated the content that Ancestry used to create its database, and the yearbooks were provided by third parties, Ancestry alone is responsible for posting the material on its website after it receives the records from others.”

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Intellectual Property Law Blog

MAY 2, 2023

In October 2022, the White House published a document titled, “ Blueprint for an AI Bill of Rights, Making Automated Systems Work for the American People.” Data Privacy : Systems should be developed with built-in protections from abusive data practices for individuals and the ability for individuals to have agency over how their data is used.

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TorrentFreak

NOVEMBER 19, 2023

CTAM wanted to combat an escalating content piracy industry that was robbing legitimate content creators of their intellectual property and risking the privacy and safety of content users. The Blacklight Privacy Inspector had a look at StreamSafely.com and reported back with its findings. Blacklight detected cookies for Alphabet, Inc.

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Michael Geist

OCTOBER 22, 2022

Haugen identified numerous harms associated with the company’s practices – privacy, the impact on children, misinformation, and algorithmic settings that often inflame rather than educate – and emphasized that there was a need to address these concerns through better regulation (notably transparency and privacy rules).

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TorrentFreak

MARCH 29, 2023

Social media platforms like Facebook are admittedly quick and easy, but such positives are quickly overwhelmed by extraordinary privacy issues, not to mention centralized control. For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy.

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Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. Second, the claims may fail because of the UGC publishers’ terms of service (called the “TOS”).

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Michael Geist

APRIL 5, 2022

First, companies such as Facebook deserve much of the criticism that has come their way and there is a desperate need for stronger regulatory measures, most notably involving privacy, competition, taxation, and appropriate accountability for foreseeable harms that arise from the platforms. A sampling would include: AllNovaScotia. The Breach.

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Technology & Marketing Law Blog

AUGUST 26, 2022

” Publisher/Speaker Claims. “Plaintiffs’ right of publicity claims seek to impose liability for Defendants’ use of their identities in creating advertisements on the Website.” Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. Third-Party Content. Classmates. Whitepages.

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Technology & Marketing Law Blog

OCTOBER 9, 2023

The court’s single-minded determination to find a valid discrimination claim under these conditions casts a long and troubling shadow over the online advertising industry. Who needs new privacy laws if the Unruh Act already bans most ad targeting? * * * Liapes claims she wanted to buy life insurance.

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Technology & Marketing Law Blog

OCTOBER 18, 2021

the exclusion applies equally to personalized content and personalized ad targeting, so this bill would potentially wreak havoc on the entire advertising ecosystem. At its core, this bill is really a privacy bill misplaced in Section 230. Which of these alternative outcomes do the bill supporters want?

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Michael Geist

MAY 6, 2023

First, as discussed yesterday , it approved a resolution that seeks to “hold on-line information services accountable for the veracity of material published on their platforms and to limit publication only to material whose sources can be traced.”

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SpicyIP

FEBRUARY 9, 2023

In furtherance of judicial accountability, transparency and the rights of citizens to be informed of Court processes and reasoning, which come under the ambit of Article 19(1)(a) , an e-Committee of the SC published the Draft Model Rules of Live Streaming and Recording of Court Proceedings in May 2021.

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TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. As a result, authors and the publishing industry as a whole hemorrhage large amounts of revenue each year,” they write.

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The IPKat

JANUARY 30, 2022

4iP - Anti-Suit and Anti-Anti-Suit Injunctions in SEP litigation - 17 February 2022 4iP will hold a webinar on 17 February 2022 (4:00pm, CET) about a paper that will soon be published by Dr. Igor Nikolic, "Anti-Suit and Anti-Anti-Suit Injunctions in SEP litigation". The registration for the event can be made here.

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Technology & Marketing Law Blog

JANUARY 19, 2023

” Publisher/Speaker Claims. A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

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Technology & Marketing Law Blog

MAY 25, 2022

” The panel emphasizes that its conclusion on common carriage doesn’t vary with the publisher’s size. This requirement is similar to many privacy law requirements to provide users with the ability to access, delete, or port their data, so I’m guessing many privacy lawyers were relieved to see this.

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Olartemoure Blog

DECEMBER 14, 2023

The focus of these actions spans a range of issues, from anti-competitive behavior to data privacy, and more. In October 2020, the Department of Justice and eleven state attorneys general jointly filed a lawsuit against Google, aiming to curb the company’s monopolistic control in the search engines and search advertising markets.

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43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

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Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties. Zazzle * Section 230 Doesn’t Protect Print-on-Demand Vendor–Atari v.

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TorrentFreak

JANUARY 8, 2024

They’re also adept at pumping user data, including viewing habits and associated behavior, back to providers to ensure that free ad-supported TV makes up for lost currency through a firehose of advertising intelligence. For the sake of privacy, if any exists, some chunks are redacted.

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