Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

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 90

Blogging Copyright Contracts Cease and Desist 90

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 86

Contracts Privacy Registration Government 86

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 117

Contracts Designs Design Law 117

Kluwer Copyright Blog

MARCH 4, 2024

This case reveals the important differences between the US Law and the European Union (EU) (and United Kingdom (UK)) Law under several points of view: criminal law, privacy/data protection law, intellectual property (IP) rights (and sui generis rights), and even law of contracts.

Privacy 55

Privacy Law Journalism Intellectual Property 55

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 110

Blogging Contracts Law Privacy 110

Technology & Marketing Law Blog

NOVEMBER 9, 2024

The contract says: If you are a School providing the Service to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents for IXL to collect information from students under 13 before allowing such students to access our Service. In any case, the court easily rejects this argument.

Privacy 52

Privacy Contracts Blogging Designs 52

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 81

Blogging Contracts Cease and Desist Confidentiality 81

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

DECEMBER 27, 2022

“ Privacy. * Prior blog post. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. ” * Williams v. The settlement agreement.

Privacy 109

Privacy Marketing Marketing Social Media 109

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 95

Cease and Desist Blogging Contracts Privacy 95

Traverse Legal Blog

MARCH 1, 2023

Data Privacy & Security Issues Your SaaS Company Needs to Think About Every employee and department in your SaaS company interacts with different personal data and vendors with which you share personal data. The controller gets to decide what happens to it and what doesn’t happen to it by contract or otherwise.

Privacy 52

Privacy Contracts Web Development Designs 52

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.

Contracts 82

Contracts Law Reporting Blogging 82

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 126

Blogging Law Contracts Cease and Desist 126

IPilogue

MARCH 24, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. I also had the opportunity to explore new areas of law which I hadn’t considered before, such as privacy and anti-spam. With that said, contracts should be clearly written, without legal jargon, to avoid litigation.

Contracts 105

Contracts IP Privacy Law 105

LexBlog IP

AUGUST 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup , we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI.

Privacy 52

Privacy Law Business Higher Education 52

Olartemoure Blog

NOVEMBER 11, 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. Colombia privacy regulations se publicó primero en OlarteMoure | Intellectual Property. Sensitive Data v. Sensitive Personal Information. La entrada China v.

Privacy 52

Privacy Law Intellectual Property Business 52

Technology & Marketing Law Blog

NOVEMBER 2, 2024

Today’s ruling shows how these dynamics combined to doom what many Internet contract lawyers would have thought was a suboptimal but effective formation process. * * * This is a VPPA case against Yippee TV , “a faith-based video streaming service.” Yippee appeared first on Technology & Marketing Law Blog.

Privacy 86

Privacy Contracts Blogging Marketing 86

Technology & Marketing Law Blog

OCTOBER 16, 2022

This is a standard kitchen-sink pro se lawsuit against Facebook, but it touches a couple of key blog themes that makes it worth covering. ” Contract Breach. Twitter , the court says: Facebook’s Community Standards state that they are committed to making Facebook a safe and authentic place and protecting privacy.

Government 106

Government Privacy Blogging Publishing 106

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy 142

Privacy False Advertising Contracts Advertising 142

Technology & Marketing Law Blog

OCTOBER 29, 2021

That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post). Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v. Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. Trilegiant.

Contracts 94

Contracts Privacy Blogging Litigation 94

Olartemoure Blog

AUGUST 9, 2024

Said deal, known as the “WTO Agreement on E-Commerce,” introduces a standardized framework to govern cross-border data flows and electronic contracts, which the ICC believes is crucial for the expansion of a secure digital economy.

Intellectual Property 52

Intellectual Property Privacy Contracts Government 52

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. RIPTwitter. * * * Most readers should stop reading the blog post here. Breach of Contract Twitter’s TOS bans scraping.

Litigation 96

Litigation Contracts Advertising Advertising 96

Intellectual Property Law Blog

OCTOBER 30, 2023

The Executive Order covers several important issues but fails to address other significant issues. Digital Service, U.S. Digital Corps, and Presidential Innovation Fellowship.

Privacy 130

Privacy Government Copyright Technology 130

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 110

Contracts Privacy Social Media Advertising 110

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front.

Trademark 103

Trademark Contracts Blogging Fair Use 103

Intepat

OCTOBER 28, 2024

NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership. The defendant claimed that minting was a part of his reserved right to print and publication under the contract. Smart Contracts: Are they enough?

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

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 130

Copyright Ownership Social Media Licensing 130

Technology & Marketing Law Blog

AUGUST 29, 2022

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. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Blog Posts. I’ve blogged 100+ posts so far this year.

Editing 96

Editing Social Media Blogging Advertising 96

IPilogue

SEPTEMBER 15, 2021

Tasks I completed in this way included preparing intellectual property searches, producing memos exploring legal issues, redlining contracts, updating privacy policies, and drafting IP claims. In this way, I conducted training sessions, helped update the privacy policy, and assisted with contract drafting, review, and negotiation.

Business 105

Business Intellectual Property Privacy Contracts 105

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). 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.

Cease and Desist 115

Cease and Desist Contracts Privacy Business 115

IPilogue

JANUARY 16, 2023

Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra. From privacy to protecting against misappropriation, data practices demand multiple layers of legal and operational consideration.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

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. ” OK boomer.

Privacy 97

Privacy Contracts Marketing Marketing 97

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. CMG appeared first on Technology & Marketing Law Blog. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG Media Corp. 2024 WL 559591 (N.D.

Privacy 99

Privacy Litigation Marketing Marketing 99

Technology & Marketing Law Blog

MARCH 23, 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)”. appeared first on Technology & Marketing Law Blog. PeopleConnect, Inc. , 21-16040 (9th Cir. March 18, 2022). Facebook ”. Facebook.”.

Privacy 110

Privacy Contracts Personality Rights Litigation 110

IPilogue

DECEMBER 14, 2021

In the lawsuit, Miramax alleges several causes of action, including breach of contract, copyright infringement, and trademark infringement. The sale is said to be for a new type of “secret NFTs” with programmable privacy features that allow the owner to withhold certain content from being publicly available.

Non-Fungible Tokens 111

Non-Fungible Tokens Contracts Registering Trademarks Intellectual Property 111

Kluwer Copyright Blog

AUGUST 18, 2024

Image via flickr Introduction This two-part blog post is aiming to explain what Rights Retention is and how it works in practice. In most cases, the publishing contract can be considered an adhesion contract, as the academics’ lack of interest in reading the terms of the contract is only matched by the publishers’ reluctance to change it.

Journalism 61

Journalism Publishing Contracts Copyright 61