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

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

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 116

Privacy Marketing Marketing Social Media 116

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 footnote, the court adds “we do not address the district court’s determination that Section 230 bars the invasion of privacy claim.” Facebook, Inc.

Contracts 98

Contracts Privacy Blogging Publishing 98

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

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

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

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 144

Privacy False Advertising Contracts Advertising 144

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

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

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 98

Contracts Law Reporting Blogging 98

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 98

Cease and Desist Blogging Contracts Privacy 98

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 105

Contracts Privacy Blogging Litigation 105

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 111

Government Privacy Blogging Publishing 111

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 111

Contracts Privacy Social Media Advertising 111

JD Supra Law

MARCH 4, 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.

Intellectual Property 52

Intellectual Property Privacy Blogging Contracts 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. ” This is a highly defense-favorable reading of the contract provision. Apple appeared first on Technology & Marketing Law Blog. ” Oops.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

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

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 116

Privacy Contracts Personality Rights Litigation 116

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

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 116

Cease and Desist Contracts Privacy Business 116

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Section 230.

Contracts 133

Contracts Publishing Licensing Editing 133

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 115

Trademark Contracts Blogging Fair Use 115

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 98

Editing Social Media Blogging Advertising 98

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 105

Litigation Contracts Advertising Advertising 105

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

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service.

Contracts 119

Contracts Social Media Advertising Advertising 119

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 115

Privacy Litigation Marketing Marketing 115

Technology & Marketing Law Blog

DECEMBER 13, 2024

Last month, a magistrate judge dismissed the claim for tortious interference with contractual relations, finding Gifford had alleged neither actual breach of contract nor intent to cause such a breach; he also dismissed the unfair competition and unjust enrichment claims as preempted by the Copyright Act. –Gifford v.

Blogging 64

Blogging Social Media Law IP 64

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. Kiwi appeared first on Technology & Marketing Law Blog. Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts.

Cease and Desist 122

Cease and Desist Contracts Trademark Blogging 122

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 98

Privacy Contracts Marketing Marketing 98

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. It’s helpful to compare and contrast this case with a pair of cases I blogged about last year. Maryland enacted a social media privacy law in 2021.

Social Media 98

Social Media Contracts Ownership Business 98

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. The Spectacular Failure of Employee Social Media Privacy Laws. Teamsters Loc. Christou v.

Social Media 119

Social Media Ownership Business Branding 119

Intepat

DECEMBER 5, 2024

Smart contracts embedded within NFTs, for example, cannot always prevent unauthorized copying or redistribution of the underlying digital assets. Bridging the gap between anonymity and accountability without compromising user privacy is a critical challenge for regulators and platforms alike.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

SpicyIP

JULY 27, 2021

It seeks to protect and expand the right to freedom of speech, right to dignity and equality, right to assembly and association, and the right to privacy in the digital age, through rigorous academic research, policy intervention, and capacity building. Researching and writing policy papers, op-eds, blog posts, press releases and memoranda.

Government 105

Government Editing Privacy Technology 105

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. I started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 105

Publishing Government Contracts Law 105

Technology & Marketing Law Blog

JULY 20, 2021

Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.” Related Blog Posts on Airbnb and HomeAway : * Airbnb Gets Mixed Results in Challenge to Boston’s Anti-Airbnb Law–Airbnb v. Case citation : Selden v. Airbnb, Inc.

Social Media 111

Social Media Design Designs Blogging 111