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I never blogged the dual state and federal rulings in the SocialMedia Addiction cases from last Fall. I couldn’t blog just the state case without discussing the new development, so I planned to modify my blog post on the state court ruling to compare/contrast the federal ruling. 4:22-md-03047-YGR (N.D.
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. Today, I’m covering AB 2408, a performative “protect kids online” bill that kick kids off socialmedia entirely and ruin the Internet for adults too.
This is a case focusing on ownership of socialmedia accounts. We blogged this case twice before. See “ SocialMedia Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the SocialMedia Account Ownership Jurisprudence–JLM v. (See
Nicklen “urged his socialmedia followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” Unlike a parodic use, widespread adoption of the Sinclair Defendants’ use could overtake the market for Nicklen’s video. United Sports.
Based on the Complaint’s allegations, it appears the named Defendants – a private socialmedia company and its legal department – are not subject to liability under Section 1983. 2020) (internet media websites are not government actors under the First Amendment)… Prior blog posts on Perez’s lawsuit ( 1 , 2 ).
[Warning: this is a 5,600 word blog post]. There are two critically important cases over “socialmedia addiction” pending in California state court and as an MDL in the federal Northern District of California. Despite the importance of those Fall 2023 rulings, I never blogged either.
His probation conditions included this restriction: not knowingly post, display or transmit on socialmedia or through his cell phone any symbols or information that [he] knows to be, or that the Probation Officer informs [him] to be, gang-related. JT said the term “socialmedia” was impermissibly vague.
Utah’s Minor Protection in SocialMedia Act contains two major provisions. First, it requires socialmedia companies to conduct age assurance of their users to a 95% accuracy rate, along with an appellate process for misclassified users. Utah argued that the law doesn’t suppress any specific topic.
The categorization of socialmedia accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal socialmedia accounts.
The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on socialmedia. In Australia, for example, government actors are dropping socialmedia interactivity out of fear that they might be held liable for any defamatory user posts.
Trademark Tips for Blog Owners. For example, one of my favorite blog titles is a cheese blog called It’s Not You, It’s Brie®. Before committing to a name, blog authors should search the internet and the trademark database at USPTO.gov to make sure it is unique in your industry. Be creative. Use proper trademark symbols.
I’ve blogged some recent cases showing how it’s become really, really hard to win defamation cases over socialmedia content (e.g., The post SocialMedia Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. White appeared first on Technology & Marketing Law Blog.
[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor socialmedia.] I previously blogged the TRO. To enable greater government censorship of speech? (I
The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the socialmedia accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns socialmedia accounts?). ” (Cite to Pierson v.
My blog post analyzing the law. I can’t blog them all. My blog post. Paxton, the Challenge to Texas’ SocialMedia Censorship Law appeared first on Technology & Marketing Law Blog. Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. NetChoice/CCIA complaint.
” BBC : Facebook’s growth not linked to psychological harm, study finds * Science : How do socialmedia feed algorithms affect attitudes and behavior in an election campaign? Plaintiffs have not submitted the Resort’s pages on third-party travel websites or presented socialmedia posts. Kallinen v.
The opinion holds that the key parts of Florida’s socialmedia censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas socialmedia censorship law to take effect via a 1-line order.
The Texas socialmedia censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ socialmedia censorship law preempted the TOS venue clause. [FN: That was presumably the number when the complaint was filed.
June 14, 2024) The post Reusing SocialMedia Photos for Ads? 1 Hotel appeared first on Technology & Marketing Law Blog. Case Citation : Khachatryan v. 1 Hotel West Hollywood LLC , 2024 WL 3015504 (C.D. Be Careful!–Khachatryan –Khachatryan v.
” Market effect: “Townsquare’s article reporting on the original Jordan video similarly contained that original video as part of an embedded post from X, including additional text and images from the X post, and there is thus little to no risk of market usurpation.” Lynk Media LLC v. IHeartMedia, Inc.,
Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor socialmedia service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether socialmedia services exercise editorial discretion. The Opinion. ” [cite to USTA v.
Utah July 22, 2024) The post Section 230 Doesn’t Preempt Utah’s Minor Protection in SocialMedia Act–NetChoice v. Reyes appeared first on Technology & Marketing Law Blog. Case Citation : NetChoice LLC v. Reyes , 2024 WL 3510919 (D.
Plaintiffs CAN’T WAIT to sue Internet services using the Texas socialmedia censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on socialmedia platforms.” appeared first on Technology & Marketing Law Blog.
Touker Suleyman makes a sound observation: once the market has been established, overseas manufacturers may undercut to compete for sales. Kelsang responds that the market for the product is yet to be properly established. They claim this would be through marketing and education. Could Chakow be the pioneers?
Martillo claims that six socialmedia services suspended his accounts because he is an anti-Zionist. The court responds: “the defendants’ socialmedia platforms are not places of ‘public accommodation.’ Are SocialMedia Services “State Actors” or “Common Carriers”? ” Cites to Lewis v.
This is one of the many lawsuits against socialmedia services for allegedly providing material support to terrorists. June 22, 2021), which I never had the chance to blog because it’s 167 pages and the panel was so deeply split that the whole decision clearly needs en banc review. Google LLC , 2021 WL 2546675 (9th Cir.
Marketing. * 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on socialmedia[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted socialmedia advertising. Comptroller , No.
Among other problems, the law dictates how “socialmedia platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s socialmedia censorship law as unconstitutional. This blog post covers the appellate brief and some supporting amicus briefs.
— Bright Data has long sold the data of all the major socialmedia companies. Power Ventures involved a socialmedia aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple socialmedia platforms together.
First, Voyager Labs allegedly created “thousands of fake accounts to scrape, then sell, platform users’ socialmedia data.” Voyager (Guest Blog Post) appeared first on Technology & Marketing Law Blog. a UK-based surveillance company. — The opinion was short and focused on a few key facts.
One of my first mantras when I started this blog was I hate Twitter, but that was shorthand for the broader view that socialmedia is a trainwreck. Of course, the existential difficulty presented by these platforms is that while they can be highly toxic, as long as the market remains, one must have a […].
But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly. The court dismissed the market division argument on the grounds that it was time barred.
Judging from the Rusty Krab’s marketing efforts and socialmedia promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. As a bar and restaurant, the use is commercial, but is it also transformative? March 25, 2022).
When it comes to promoting, marketing, and advertising, socialmedia is one of the most effective and powerful ways. Content creators and socialmedia influencers work sincerely to build their reputation for expertise in specific industries, products, and topics.
Power Ventures involved a socialmedia aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. The service that Power Ventures sold was a platform to manage multiple socialmedia platforms together. Power Ventures, Inc. dispute back in the Ninth Circuit in 2016. Facebook v.
Her latest trash lawsuit claimed that socialmedia, the government, and Procter & Gamble were all doing the RICO against her. With respect to the socialmedia services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers. The complaint.
This blog explores how brands, including Tommy Hilfiger , are adapting to Gen Zs online behaviors, educating them about the real-world consequences of counterfeiting, and evolving their strategies to stay relevant in an ever-changing digital landscape. For all brands and marketers, the purpose driven element is critical.
The bill regulates “socialmedia platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”
With the rise of online marketplaces, socialmedia and illegal online pharmacies, counterfeit medications, unauthorized sales, and illegal product diversion have become more pervasive and harder to combat. On socialmedia , impersonation profiles are increasingly used to promote counterfeit goods and fraudulent pharmacies.
This blog explores the threat of counterfeit hauls and livestreams, as first detailed in our Brand Protection: The SocialMedia Threat eBook. Digital influence: The role of socialmedia and influencers in promoting dupes has normalized counterfeits, positioning them as stylish and savvy rather than deceptive.
The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the socialmedia services’ COVID misinformation policies. ICAN claimed that the socialmedia services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.
A couple of years ago, Florida and Texas passed “socialmedia censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring socialmedia. NetChoice appeared first on Technology & Marketing Law Blog.
She tattooed the Sedlik photo onto Farmer and promoted the tattoo on socialmedia. Market Effect. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or socialmedia posts about the Tattoo.” Prior Tattoo Copyright Blog Posts. Nature of the Work.
Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ socialmedia censorship law. Everyone knows “socialmedia censorship” laws will require the Supreme Court’s review. My blog post. My blog post. My blog post.
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