Technology & Marketing Law Blog

JUNE 5, 2024

In February, Meta lost on Partial Summary Judgment against Bright Data on its breach of contract claim. had its breach of contract and CFAA claims against the Center for Countering Digital Hate (“CCDH”) dismissed at the motion to dismiss stage. Here, the court muddles the various contract formation standards. No, it does not.

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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?

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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.

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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.

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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”.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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JD Supra Law

FEBRUARY 11, 2025

This post is part of MoFos 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences.

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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.

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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.

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Blogging Contracts Litigation Law 95

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.

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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.

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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.

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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

Nelligan Law

FEBRUARY 14, 2025

The Court of Appeal noted that the sellers accepting the extension offer late was a repudiation of the contract, a kind of breach which entitled the seller to choose whether to terminate the APS, or continue with it: the critical requirement is that this choice must be communicated to the repudiating party.

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Contracts Litigation Law Marketing 81

JD Supra Law

AUGUST 21, 2024

Trade secret and contract claims often travel together. Because of the close relationship between such claims, this Holland & Knight blog post discusses a contract case involving confidentiality, even though trade secrets do not seem to be implicated. By: Holland & Knight LLP

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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.”

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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.

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SpicyIP

MARCH 8, 2025

Further, the MoU also underscores the requirement of separate contracts of music directors and lyricists with producers whereby both will have the right to negotiate independently. practice where one would see singers and actors names being featured prominently and not the composers or the lyricists. As explained by Prof.

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Moral Rights Music Contracts Copyright 91

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.

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Traverse Legal Blog

NOVEMBER 25, 2024

Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. If the use of a copyrighted photo is related to commercial purposes, it is almost certain you have infringed.

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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.

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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.

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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.

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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.

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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).

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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.

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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 (..)

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