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 122

Advertising Advertising Contracts Social Media 122

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 116

Contracts Litigation Blogging Law 116

Intellectual Property Law Blog

NOVEMBER 13, 2023

Epic also filed a separate petition requesting Supreme Court review of the lower court’s rejection of certain antitrust claims, but this blog only discusses the petition filed by Apple.) and upheld on appeal by the Ninth Circuit Court of Appeals. Given that Apple, not the individual app developers, insisted that all U.S.

Contracts 278

Contracts Law Blogging Registration 278

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 116

Blogging Contracts Law Privacy 116

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 144

Blogging Fair Use Copyright Infringement Licensing 144

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

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 126

Blogging Cease and Desist Contracts Marketing 126

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

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 98

Blogging Contracts Law Advertising 98

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 98

Contracts Privacy Registration Government 98

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

Technology & Marketing Law Blog

OCTOBER 6, 2021

Google’s ISPs were obligated under their contract with Google to provide “‘[r]emote assistance services,’ which ‘involve[d] basic maintenance activities’ … if requested by Google.” The post The Legal Implications of Datacenter Location (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 124

Blogging Business Litigation Ownership 124

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 131

Blogging Law Contracts Cease and Desist 131

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

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 98

Blogging Copyright Contracts Cease and Desist 98

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 95

Blogging Contracts Litigation Law 95

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 98

Blogging Contracts Cease and Desist Confidentiality 98

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

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 98

Contracts Law Reporting Blogging 98

Technology & Marketing Law Blog

AUGUST 31, 2023

Blog post coverage of that ruling here. “all his claims relate to the suspension of his account and the alleged failure to suspend the third-party user’s account, whether they are styled as breach of contract, tort, or fraud claims…All of Plaintiff’s claims seek to treat Twitter as a publisher.”

Contracts 124

Contracts Social Media Blogging Publishing 124

Technology & Marketing Law Blog

DECEMBER 6, 2022

In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. Additionally, hiQ raised four affirmative defenses to the breach of contract claim: 1) unclean hands, 2) waiver, 3) estoppel, and 4) unconscionability. The opinion.

Blogging 98

Blogging Contracts Litigation Law 98

IPilogue

MARCH 24, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. With that said, contracts should be clearly written, without legal jargon, to avoid litigation. Shayna Jan is an IP Intensive student and a 3L JD Candidate at Osgoode Hall Law School.

Contracts 105

Contracts IP Privacy Law 105

Intepat

DECEMBER 5, 2024

Smart contracts, a technology popularized by blockchain, offer a new approach to managing these transactions. Unlike traditional contracts , smart contracts are self-executing programs on a blockchain that automatically enforce terms when predetermined conditions are met. In the U.S.,

Contracts 52

Contracts Licensing IP Privacy 52

Nelligan Law

DECEMBER 6, 2024

Reading Time: 3 minutes Fixed-term contracts can seem like a convenient solution for employers looking to fill temporary positions or meet short-term business needs. However, these contracts carry significant legal and financial risks that can outweigh their perceived benefits. What Is a Fixed-Term Contract?

Contracts 52

Contracts Business Law Blogging 52

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 98

Blogging Technology Business Litigation 98

Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

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. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Also, this is dicta. Defendant created an account to access Chegg’s data.

Cease and Desist 98

Cease and Desist Blogging Contracts Privacy 98

Technology & Marketing Law Blog

JULY 10, 2021

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). The suit was easily rejected by the court. Alphabet Inc.

Contracts 126

Contracts Blogging Litigation Marketing 126

Technology & Marketing Law Blog

JUNE 18, 2022

The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. The plaintiffs get another chance to plead the fraud claims, so I expect to blog this case at least one more time. Cognizant appeared first on Technology & Marketing Law Blog. ” Nor does OSHA. ” Nor does OSHA. June 10, 2022).

Contracts 131

Contracts Blogging Business Technology 131

Technology & Marketing Law Blog

JULY 9, 2024

My prior blog post. The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. In a mild surprise, the panel revives her breach of contract claim. This resurrects Lloyd’s breach of contract claim, but only temporarily. Facebook, Inc.

Contracts 98

Contracts Privacy Blogging Publishing 98

JD Supra Law

APRIL 24, 2023

As noted in our recent blog posts, The Rise of Next-Gen Business Process Outsourcing and Key Contracting Issues to Consider, the core premise of next-gen business process outsourcing (BPO) includes (1) the leveraging of automation, bots, performance tools, and other technology to transform and optimize workflows and business processes and (2) the implementation (..)

Business 116

Business Contracts IP Blogging 116

Technology & Marketing Law Blog

OCTOBER 25, 2023

18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Netflix appeared first on Technology & Marketing Law Blog. Netflix, Inc.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Kluwer Copyright Blog

JANUARY 9, 2023

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons.

Copyright 94

Copyright Blogging Fair Use Reporting 94

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 136

Contracts Registration Litigation Copying 136

Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things. 3d at 10861.

Marketing 137

Marketing Marketing Contracts Business 137

Technology & Marketing Law Blog

MARCH 24, 2022

” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. ” Daystar sued Vimeo in NY state court for breach of contract and unjust enrichment. .” Contract Breach Claim. The appellate court affirms.

Contracts 139

Contracts Television Blogging Publishing 139

Technology & Marketing Law Blog

OCTOBER 28, 2022

Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. But that is precisely what courts are allowing it to be used for. The post Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir –RyanAir v.

Blogging 111

Blogging Cease and Desist Business Litigation 111