Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. Chapter 15: Privacy. We reworked the privacy chapter, mostly to pare it down because the topic has mushroomed to the point where it’s not possible to summarize all of the details.

Editing 126

Editing Advertising Advertising Marketing 126

Technology & Marketing Law Blog

APRIL 28, 2023

by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. Default Privacy Settings. This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

Copying 133

Copying Design Designs Blogging 133

Technology & Marketing Law Blog

OCTOBER 28, 2021

On behalf of a putative class, the plaintiffs asserted privacy claims—including for wiretapping—under California law. As an initial matter, the court says that Nike’s privacy policy does not undermine plaintiff’s claims. The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. Nike, Inc., Specific Media. Interclick.

Privacy 110

Privacy IP Law Blogging 110

Technology & Marketing Law Blog

JULY 12, 2021

Instead, the allegations recount Microsoft’s numerous (robust) privacy-related representations made to customers. Microsoft also harvests business customer data to develop and sell to others a marketing product called Microsoft Audience Network, which Microsoft admits derives enormous value from processing customer data.

Privacy 110

Privacy Business Due Diligence Marketing 110

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

IPilogue

SEPTEMBER 7, 2021

In August, Apple made headlines by introducing new privacy features in their upcoming software updates. Over the years, Apple has cultivated a strong reputation as a protector of consumer privacy. One of their core values and popular marketing point s is that “privacy is a fundamental human right.”

Privacy 105

Privacy Technology Reporting Branding 105

Technology & Marketing Law Blog

MAY 17, 2024

This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy. Contracts designed solely to control the flow of information are distinguished from those protecting other values, such as privacy. Standard form agreements can be separated from negotiated contracts.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

JUNE 7, 2022

July 7, 2020): “The privacy policy includes a section titled “Rights of California Residents,” which addresses requirements of the California Consumer Privacy Act (“CCPA”), Cal. ” * Bloomberg : Global Privacy Control Popularity Grows as Legal Status Up in Air. Voodoo SAS v. SayGames LLC, 2020 WL 379165 (N.D.

Privacy 111

Privacy Social Media Litigation Business 111

Technology & Marketing Law Blog

FEBRUARY 15, 2024

Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post , along with the attached meme. the California Consumer Privacy Act is a prime example of GDPR spillover. Intermediaries (Guest Blog Post) appeared first on Technology & Marketing Law Blog. by guest blogger Prof.

Blogging 101

Blogging Due Diligence Design Designs 101

The IPKat

AUGUST 19, 2021

Kluwer Trademark Blog reported here on this ruling. Other Class 46 blog shared information on a new initiative by the Chinese government. The companies on the List will be subject to stricter and more frequent inspections by market authorities. Foss Blog pondered privacy concerns when using Apple apps.

Blogging 60

Blogging IP Privacy Reporting 60

IPilogue

AUGUST 27, 2021

Privacy has been a reoccurring issue debated across the world as virtual communication is no longer seen as an option but essential to working remotely during a pandemic. Not only does this violate our privacy rights, but it also creates a bigger ethical dilemma within the economic market. Zoom: The 2020 Icon of Remote Work.

Privacy 105

Privacy Social Media Confidentiality Business 105

Olartemoure Blog

MARCH 31, 2022

It is a challenge for the institutional framework, enforcement agencies, and courts to effectively develop their missions, because, even with the current resources, some markets remain unexplored or wrongly understood. What is the approach of antitrust laws in these markets? In Colombia. You can take control of the litigation.

Marketing 98

Marketing Marketing Social Media Litigation 98

Technology & Marketing Law Blog

AUGUST 16, 2021

Blackbaud “provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” 24. * Californians: VOTE NO ON PROP.

Privacy 128

Privacy Blogging Business Marketing 128

LexBlog IP

JANUARY 6, 2022

2021 was a rough year for many businesses, but there was at least one winner: in a recent blog post , privacy-focused search engine DuckDuckGo reported a record growth of over 46 percent and now claims to serve more than 27 million Americans. This post was authored by C. Blair Robinson, legal intern at Robinson+Cole.

Privacy 40

Privacy Advertising Advertising Blogging 40

Kluwer Copyright Blog

DECEMBER 4, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Trademark Blog posts 1) Brothers in arms. Here are the most popular posts over the past few months.

Blogging 61

Blogging Law IP Copyright 61

Technology & Marketing Law Blog

MARCH 15, 2023

This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. But every time the RTBF is applied to my blog, it’s probably a wrongful application of a misguided policy and worth relaying here. It is critical information, even if the blog is just a bit player in the matter.

Blogging 103

Blogging Editing Law Government 103

Technology & Marketing Law Blog

JULY 9, 2024

My prior blog post. ” The invasion of privacy claim fails “because Facebook’s data policy gives clear notice that third party partners may share data with Facebook, Lloyd did not have a reasonable expectation of privacy in this information.” Facebook appeared first on Technology & Marketing Law Blog.

Contracts 83

Contracts Privacy Blogging Publishing 83

LexBlog IP

MAY 2, 2023

But blogs can get out the door far more quickly. And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). The change has been dramatic and quick , and it has not escaped the notice of regulators.

Blogging 52

Blogging Privacy Marketing Marketing 52

Technology & Marketing Law Blog

NOVEMBER 9, 2024

We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as IXL and that they provide a copy of our Privacy Policy and the IXL Learning Student Data Privacy Pledge to parents. However, vendors who sue their customers tend not to last very long in the market.

Privacy 52

Privacy Contracts Blogging Design 52

Olartemoure Blog

JULY 12, 2024

The Financial Market Commission of Chile issued the first comprehensive open finance regulation in the country, promising to revolutionize the Latin American financial sector by introducing a detailed framework for its operation.

Marketing 52

Marketing Marketing Intellectual Property Business 52

Technology & Marketing Law Blog

JANUARY 23, 2024

The pre-populated message indicated that Plaintiff was opting into Mizzen and Main’s program and agreed to receive marketing alerts. Plaintiff also fails to mention that the “Terms” and “Privacy” links are underlined, indicating that they are hyperlinks. But the fact that some do is appalling.

Contracts 91

Contracts Blogging Advertising Advertising 91

Technology & Marketing Law Blog

AUGUST 8, 2022

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problem, see this lengthy blog post. Today’s bill is AB 2273, the most pernicious of the three.

Design 104

Design Designs Privacy Blogging 104

Technology & Marketing Law Blog

OCTOBER 22, 2024

The court says the qualifying VPPA subscription doesn’t need to include audiovisual material (even though it’s the VIDEO Privacy Protection Act), though the protection only applies to video-related personal information. NBA appeared first on Technology & Marketing Law Blog. ” I disagree.

Privacy 94

Privacy Business Blogging Marketing 94

Technology & Marketing Law Blog

JULY 26, 2023

When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Defendant created an account to access Chegg’s data. The terms prohibited scraping.

Cease and Desist 96

Cease and Desist Blogging Contracts Privacy 96

Technology & Marketing Law Blog

MAY 16, 2022

Indeed, ephemeral messaging offers many benefits for enterprises, particularly in the areas of information governance and compliance with data protection and privacy statutes. The post Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 119

Blogging Litigation Intellectual Property Privacy 119

Technology & Marketing Law Blog

FEBRUARY 28, 2023

. “For decades, businesses have devoted significant time and effort to developing compliance programs for the federal Children’s Online Privacy Protection Act (“COPPA”), a nationwide preemptive children’s privacy standard.

Design 124

Design Designs Privacy Blogging 124

Technology & Marketing Law Blog

FEBRUARY 13, 2022

See, e.g., In re Ring LLC Privacy Litigation (C.D.Cal., JustAnswer (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v.

Blogging 112

Blogging Contracts Law Privacy 112

Technology & Marketing Law Blog

NOVEMBER 2, 2024

Confusingly, the paragraph below the button also has TOS and privacy policy links related to the reCAPTCHA, which the court notes. I recently blogged the Kuhk case , another failed sign-in-wrap formation process. Yippee appeared first on Technology & Marketing Law Blog. Bigger fonts. More defensible space.

Privacy 88

Privacy Contracts Blogging Marketing 88

Technology & Marketing Law Blog

JULY 18, 2023

Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog. A matter that is likely to receive even more attention going forward with the increased importance of generative AI.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

SpicyIP

NOVEMBER 20, 2024

This form, as of today, leads to a page that states: “ As of October 25, 2023, we’ve migrated this form to our privacy request portal. Importantly, these opt out mechanisms were for opting out basis privacy concerns, as is also visible on the Help Center page referenced above. Views expressed here are personal.

Fair Use 69

Fair Use Marketing Marketing Copyright 69

Technology & Marketing Law Blog

JANUARY 25, 2024

Bright Data claims that it was using its Facebook and Instagram accounts for marketing purposes and was never logged in to its accounts when scraping. He’s going out of his way to enable them–despite the broad-scale movement elsewhere to crack down on data brokers and enhance consumer privacy. The post Game On!

Blogging 84

Blogging Contracts Cease and Desist Confidentiality 84

LexBlog IP

JULY 13, 2021

Evidently, controlling and exploiting personal music data is valuable; however, trends in global privacy law relating to personal data protection and personal privacy rights threaten to reduce widespread accessibility to this resource. The GDPR and the CCPA’s stance on privacy law impacts every aspect of this process.

Privacy 52

Privacy Music Social Media Law 52

IP Tech Blog

MARCH 20, 2023

“FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own advertising” to create marketing from a consumer protection and truth-in-advertising standpoint. What Privacy-Related Claims Does Your Company Make? Nothing less will do.

Advertising 62

Advertising Advertising Reporting Privacy 62

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. Twitter , the court says: Facebook’s Community Standards state that they are committed to making Facebook a safe and authentic place and protecting privacy. Americans With Disabilities Act.

Government 107

Government Privacy Blogging Publishing 107

Technology & Marketing Law Blog

DECEMBER 13, 2023

Google changed its privacy policy to collect all “public” data (viz., Guest Blog Post) appeared first on Technology & Marketing Law Blog. Almost every website on the Internet has an online contract, and most do not require any formal assent mechanism to access them. Just in the last year, OpenAI released ChatGPT.

Blogging 92

Blogging Copyright Contracts Cease and Desist 92

Technology & Marketing Law Blog

OCTOBER 26, 2021

This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Knowing what we know now about the dangers of unmasking subpoenas, I would like to think that Congress would draft 512(h) with more privacy sensitivity today. Market effect. Does (Guest Blog Post).

Privacy 122

Privacy Fair Use Blogging Copyright 122

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problems, see this lengthy blog post. Monday, I covered AB 2273, the Age-Appropriate Design Code.

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Social Media Blogging Privacy Government 131