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

AUGUST 24, 2023

Now, the primary vehicle to stop web scraping is with breach of contract claims. Now, in its case against Bright Data, Twitter’s lawyers filed three claims: breach of contract, tortious interference with a contract, and unjust enrichment. In the end, it was a pyrrhic victory. They don’t need or seek alternative legal theories.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging 97

Blogging Contracts Law Advertising 97

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 92

Blogging Copyright Contracts Cease and Desist 92

Nelligan Law

APRIL 29, 2022

Reading Time: 2 minutes What is Frustration of Contract? Contract frustration occurs when a contractual obligation can no longer be performed, with no fault to either party. This occurs when a situation arises, causing the contract’s performance to become “a thing radically different from that which was undertaken by the contract”.

Contracts 98

Contracts Law Blogging 98

Olartemoure Blog

MAY 3, 2024

Federal Trade Commission (FTC) decided to ban non-compete clauses in labor contracts on the grounds that they affect the right to free labor mobility, which negatively impacts on the country’s competition , innovation and economic growth. On 23rd of April 2024, the U.S.

Contracts 52

Contracts Confidentiality Intellectual Property Marketing 52

The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

Blogging 98

Blogging Law IP Contracts 98

Intellectual Property Law Blog

MARCH 29, 2021

Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. The Situation. Kappas , 561, U.S.

Contracts 100

Contracts Patent Patent Application Invention 100

The IPKat

NOVEMBER 29, 2021

Let’s see what the other IP blogs have been up to this week:- Trade Marks “Metaverse” has become centre stage after Facebook announced that it had changed its company name to “Meta”. Patents Kluwer Patent Blog reported on a recent Danish High Court (Eastern Division) on a long running patent infringement case.

Blogging 73

Blogging IP Contracts Reporting 73

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” See blog posts on those rulings here and here.). Freedom Financial Network, LLC.

Contracts 118

Contracts Designs Design Law 118

Olartemoure Blog

OCTOBER 27, 2023

008742 which develops and establishes not only the terms but also the form and content for the registration of technology import contracts before the entity. Such contracts include -among others- technology licenses, trademarks or patents, as well as technical assistance or service contracts, or basic engineering contracts.

Contracts 52

Contracts Registration Technology Intellectual Property 52

Technology & Marketing Law Blog

FEBRUARY 28, 2024

Because for the first time, a company with knowledge of an online agreement–acting in purported violation of that agreement by scraping–succeeded in defeating a breach of contract claim. The post Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 74

Blogging Contracts Litigation Law 74

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts 115

Contracts Litigation Blogging Law 115

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 89

Contracts Privacy Registration Government 89

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 85

Blogging Contracts Cease and Desist Confidentiality 85

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. By guest blogger Kieran McCarthy.

Blogging 112

Blogging Contracts Law Privacy 112

Olartemoure Blog

JULY 14, 2023

The farmer sent a thumbs-up emoji in response to a photograph of a flax-buying contract sent to him in 2021. The farmer never sent the product, causing a dispute over the acceptance of the terms of the contract. La entrada You can now sign contracts using emojis se publicó primero en OlarteMoure | Intellectual Property.

Contracts 52

Contracts Intellectual Property Law 52

Olartemoure Blog

SEPTEMBER 22, 2023

This marks a milestone in the music industry, as it is the first time that a record label has signed a contract involving this type of characters, raising legal questions that have not yet been resolved by copyright law. La entrada Warner Music signs contract with digital character se publicó primero en OlarteMoure | Intellectual Property.

Contracts 52

Contracts Music Intellectual Property Copyright Law 52

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.

Contracts 63

Contracts Music Government Reporting 63

Technology & Marketing Law Blog

AUGUST 2, 2024

For one, it’s a significant case that deals with many of the issues that have arisen in some of the other cases I’ve blogged about on this site, but it’s in Delaware, not in the Northern District of California. Sometimes, when we blog these technology cases, we act as if the law in California is the law everywhere. The post Ryanair v.

Blogging 95

Blogging Technology Business Litigation 95

The IPKat

OCTOBER 31, 2021

Others On the Kluwer Copyright Blog, Jeremy Blum and Jake Palmer provided a useful summary of the UK current regime on exhaustion of IP rights and three alternative regimes in view of the consultation recently conducted by the UK government.

Blogging 109

Blogging IP Ownership Branding 109

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Guest Blog Post) appeared first on Technology & Marketing Law Blog. Based on a quick review of Facebook’s and Instagram’s Terms of Use, those agreements do not provide for a clear path for a user to terminate.

Blogging 119

Blogging Cease and Desist Contracts Marketing 119

Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch?

Advertising 119

Advertising Advertising Contracts Social Media 119

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Facebook, Inc.,

Contracts 86

Contracts Law Reporting Blogging 86

The IPKat

JULY 4, 2021

Join me for a walk around the blogs. Kluwer Patent Blog reported on the changes. Kluwer Trademark Blog reported on the application. Kluwer Trademark Blog reported on the decision. The Beijing Treaty on Audiovisual Performances (the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties.

Blogging 83

Blogging IP Design Designs 83

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. The IPKat has once again compiled some of them for you.

Blogging 52

Blogging IP Copying Copyright 52

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. However, OpenAI then states that it ‘[feels] that it’s important we contribute to the development of a broadly beneficial social contract for content in the AI age.’

Contracts 77

Contracts Copyright Publishing Business 77

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2. Tortious Interference with a Contract 3. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Kluwer Copyright Blog

JUNE 21, 2022

In my project, You Can Play (see also working paper here ), I explore how contract, rather than copyright, is the key enabler of user creativity in this industry. Through standard form UGC policies, the industry has created an almost Creative Commons-style system of user enablement.

Contracts 112

Contracts Copyright All Rights Reserved Branding 112

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.

Contracts 52

Contracts Law Copyright Moral Rights 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 128

Blogging Law Contracts Cease and Desist 128

Technology & Marketing Law Blog

OCTOBER 6, 2022

Eric’s Prior Tattoo Copyright Blog Posts. Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. In short, opportunistic lawsuits brought by a handful of tattooers run the risk of devastating the industry as a whole.

Blogging 143

Blogging Fair Use Copyright Infringement Licensing 143

The IP Law Blog

FEBRUARY 10, 2023

Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging IP Law Contracts 52

Technology & Marketing Law Blog

JUNE 17, 2023

But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here. — I’ve only touched on a fraction of the issues in this case, and this blog is already well over 2,000 words. And this case is just beginning. –Doe 1 v.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

Contracts 52

Contracts Law Copyright Intellectual Property 52

Intellectual Property Law Blog

APRIL 27, 2023

Use of AI technology can impact your rights and liabilities in ways that may not even occur to you. And whether you are aware of it or not, your employees and vendors may be using generative AI tools in the performance of their duties in ways that can significantly impact you.

Government 241

Government Technology Contracts 241

LexBlog IP

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

Blogging 52

Blogging IP Law Contracts 52