Technology & Marketing Law Blog

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie.

Design 109

Design Designs Privacy Business 109

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. For example: “If a conflict arises between commercial interests and the best interests of children, companies should prioritize the privacy, safety, and well-being of children over commercial interests.” Newsom ) is an example of such a bill.

Design 119

Design Designs Privacy Business 119

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

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

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? That creates a different, but not less problematic, vector for privacy and security violations. I did a media interview regarding AB 2273 that I thought was worth sharing here. Two key differences. I doubt it.

Design 111

Design Designs Privacy 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 designations depend on the number of average monthly active recipients of the intermediary service in the EU; the threshold is set at 45 million, which is currently 10% of the population of the EU.

Blogging 105

Blogging Due Diligence Design Designs 105

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. Monday, I covered AB 2273, the Age-Appropriate Design Code. For background on the bill and its voluminous problems, see this lengthy blog post.

Social Media 136

Social Media Blogging Privacy Government 136

The IPKat

AUGUST 19, 2021

Kluwer Trademark Blog reported here on this ruling. New Balance claims that Michael Kors’ use of a letter ‘N’ on footwear is confusingly similar to New Balance’s trade mark and trade-dress protected design of its sneakers. Other Class 46 blog shared information on a new initiative by the Chinese government.

Blogging 64

Blogging IP Privacy Reporting 64

Technology & Marketing Law Blog

AUGUST 22, 2022

One especially problematic bill is AB 2273, the California Age Appropriate Design Code Act (AADC). AB 2273 claims to protect kids’ privacy, but instead it counterproductively puts children’s sensitive data at greater privacy and security risks. The AADC requires businesses to adopt protective practices for children.

Privacy 145

Privacy Business Blogging Publishing 145

Intepat

FEBRUARY 28, 2025

This blog digs up into how digital innovation can aid biodiversity conservation and how this, in turn, breathes forwards inspiration to come up with innovative advancements in technologies. These tools help policymakers design evidence-based conservation strategies and allocate resources effectively. The answer is: an emphatic yes.

Technology 52

Technology Design Designs Privacy 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Which is why so much of the tech press’s coverage of this issue is bonkers.

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

JANUARY 23, 2024

“In the context of web-based contracts, clarity and conspicuousness are a function of the design and content of the relevant interface.” First, he fails to cite evidence or relevant authority that would allow the Court to find that Defendant’s form was intentionally designed to distract or mislead a reasonable consumer.

Contracts 98

Contracts Blogging Advertising Advertising 98

IPilogue

AUGUST 11, 2022

On June 16, 2022, the Canadian government tabled Bill C-27 “ An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts.” A detailed comparison between the two bills can be found here.

Privacy 105

Privacy Design Designs Government 105

Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

Social Media 116

Social Media Design Designs Privacy 116

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 69

Blogging Law IP Copyright 69

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Design 57

Design Designs Social Media Privacy 57

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?

Designs 52

Designs Design Intellectual Property Law Artistic Work 52

Technology & Marketing Law Blog

JULY 20, 2021

” The court explains: Airbnb’s screen used a simple design. 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.” Still, looking at this design, I think Airbnb could easily make some minor tweaks to improve it.

Social Media 111

Social Media Design Designs Blogging 111

SpicyIP

JULY 31, 2023

Last week saw some pretty interesting discussions on the blog. ’ Devangini Rai writes on the order and its implication, critically assessing the nature of publicity rights vis a vis right to privacy. .’ This post is originally published on Bill of Health, the blog of Petrie-Flom Center at Harvard Law School.

Design 98

Design Designs Invention Intellectual Property 98

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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. ” Oops.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

Velocity of Content

JANUARY 17, 2024

The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines.

Blogging 105

Blogging Privacy Design Designs 105

Technology & Marketing Law Blog

AUGUST 29, 2022

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. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts. . __ (forthcoming 2022).

Editing 98

Editing Social Media Blogging Advertising 98

Technology & Marketing Law Blog

DECEMBER 13, 2024

Trade dress protection, meanwhile, is available for product packaging, product design, and restaurant and store dcor, and even in those categories owners need to establish the trade dress is nonfunctional and serves as a consistent source indicator. Sheil (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 64

Blogging Social Media Law IP 64

IPilogue

DECEMBER 5, 2022

Synthetic data as a workaround for privacy issues. As a potential means for government to provide easy access to data, Dr. Gaon proposed using synthetic data to facilitate access to data and solve privacy problems, citing a government-led project in Israel. From the audience, Prof. David Vaver put forth concerns about IP ownership.

Privacy 119

Privacy Ownership Government IP 119

Technology & Marketing Law Blog

JULY 19, 2021

TransUnion’s watch list was designed to help businesses avoid transacting with people who were on the restricted list run by Treasury Department’s Office of Foreign Assets (OFAC). This is a defense lawyer bonanza in terms of briefing opportunities in privacy and other cases. The court relied primarily on Clapper , not Spokeo.

Privacy 138

Privacy Reporting Copyright Business 138

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. Obviously, Warner Bros. could have done better.

False Advertising 98

False Advertising Government Privacy Design 98

Velocity of Content

JANUARY 10, 2024

The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). Next in the Ringgold Data and the FAIR Principles blog series, we discuss how Ringgold data and metadata are Interoperable.

Blogging 98

Blogging Privacy Design Designs 98

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. A new frontier for a trade war.].

Trademark 144

Trademark False Advertising Advertising Advertising 144

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. I see potential legitimate trademark defenses for the design.

Trademark 115

Trademark Contracts Blogging Fair Use 115

Velocity of Content

JANUARY 3, 2024

The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines.

Blogging 98

Blogging Privacy Design Designs 98

Intepat

DECEMBER 5, 2024

Copyright and Ownership in the Metaverse In the metaverse, copyright applies to digital creations such as virtual art, music, designs, and even entire virtual worlds. Existing copyright frameworks were designed for the physical world and digital domains, but the metaverse introduces novel complexities.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Catch up with us every Tuesday on our IP Blog. Thanks for following us!

Blogging 52

Blogging IP Advertising Advertising 52

IPilogue

MARCH 15, 2023

The Standard also suggested numerous domains of well-being and accompanying indicators that system designers should be concerned with. Ethics and Systems Design The IEEE Standard Model Process for Addressing Ethical Concerns during System Design is also frequently cited.

Government 104

Government Design Designs Settlement 104

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. The court relies on two decisions: (1) In re CTLI, a bankruptcy ruling from 2015 blogged here: “ Company’s Social Media Accounts Transferred in Bankruptcy ” and (2) Int’l Bhd. SF Design Group.

Social Media 119

Social Media Ownership Business Branding 119

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

IPilogue

OCTOBER 12, 2021

Its AI is designed to detect and prevent crimes. Even under the best circumstances, allowing a program like Clearview to sort through social media imagery — even in public posts — could be considered a violation of privacy. The Problem With Clearview. Clearview is probably one of the best-known facial recognition programs in the world.

Social Media 110

Social Media Privacy Technology Reporting 110

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” Handing control of publication decisions to a government-designated censor is as disrespectful to the Constitution as it sounds. I critiqued similar language in my AB 587 blog post.

Social Media 98

Social Media Privacy Design Designs 98