Technology & Marketing Law Blog

DECEMBER 9, 2022

Or Booking Holdings. 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

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.

Privacy 98

Privacy Contracts Marketing Marketing 98

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Trade secrecy: mixed up with commercial morality and relational duties, not just incentives—is this more receptive to incorporating the broader set of values described the book? Also intersects a great deal w/contracts.

Public Domain 52

Public Domain Contracts IP Privacy 52

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

Traverse Legal Blog

NOVEMBER 11, 2020

Travelers can use the Airbnb search feature of the website to locate and book short term rentals (“STRs”) with hosts. Use of the Airbnb Listing Directory & Booking Platform. The rental contract between hosts and their guests include the payment terms, the listing details, the house rules and the host cancellation and refund policy.

Litigation 69

Litigation Contracts Business Marketing 69

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 119

Artwork Trademark Publishing Marketing 119

Technology & Marketing Law Blog

MAY 25, 2022

This requirement is similar to many privacy law requirements to provide users with the ability to access, delete, or port their data, so I’m guessing many privacy lawyers were relieved to see this. Nevertheless, the panel says that the plaintiffs can still make a showing on remand that this requirement is unduly burdensome.

Social Media 116

Social Media Law Blogging Publishing 116

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 45

Fair Use Contracts Litigation Copying 45

Patently-O

NOVEMBER 27, 2023

Here the plaintiff-appellant, while out the immediate $12.5m, now has a policy worth at least $80m, against which they can borrow or otherwise book the judgment at some predictable gain; perhaps to continue the appeal or offset recovery costs. 2] In this example—taken from a pitch—a $12.5m 1] See Aviva Will & David M. 14, 2023). [3]

Settlement 83

Settlement Litigation Branding Brands 83

LexBlog IP

JANUARY 10, 2022

Well, as my contracts professor used to say, “Always read to the end of the statute.” However, that standard might not be difficult to demonstrate with respect to well-known rules that have been on the books for a long time or narrow industry-specific rules.

Settlement 52

Settlement Blogging Privacy Law 52

LexBlog IP

MARCH 27, 2023

In particular, ChatGPT has been trained on text and databases, including text publicly available on the Internet, including approximately 570GB of data obtained from books, web texts (e.g., Kashtanova used Midjourney to produce images for a comic book named “Zarya of the Dawn.” ” Ms.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Europeans don’t think the regulators will be unreasonable.

Law 40

Law Privacy Social Media Litigation 40

The IPKat

NOVEMBER 27, 2021

The book consists of four parts, 52 chapters, and covers research methods in a variety of areas of law: privacy law, criminal law, popular culture research, or psychology, to name a few. A follow-up review will cover the other two Parts of the book. Calboli and M. Montagnani, OUP, 912 pp.), the right answers.

Intellectual Property 144

Intellectual Property IP Law Privacy 144

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. Some of the major changes to the book this year: I added a note on the Copyright Claims Board. I’ve now framed it as a note about California’s consumer privacy laws. Primer on CCPA/CPRA. Jurisdiction.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 12, 2022

The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and (new this year!) This year, the book shrunk by 7% as I took a hard look at where Internet Law stands now. As usual, I made many hundreds of updates and edits throughout the book. a hardcover version for $28. Illinois v.

Editing 145

Editing Law Social Media Privacy 145

Technology & Marketing Law Blog

AUGUST 16, 2024

The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and a hardcover version for $28. However, it did involve an edge outcome (the presence of a unilateral amendment clause infected the whole contract) that hasn’t come up often since it was issued. NetChoice decision.

Editing 116

Editing Law Social Media Contracts 116

IPilogue

APRIL 4, 2022

I explained that I had just finished reading a recent book about ‘her sister’ and that I only wished to speak to her about conflicting information contained in that publication, as I was conducting research about her medical condition. Upon hearing the name of the author of the book, her nervousness turned to fury.

Privacy 119

Privacy Publishing Journalism Copyright 119

Technology & Marketing Law Blog

AUGUST 29, 2022

Books and Academic Articles. We posted three chapters from the book: Featuring People in Ads (2022 Edition). 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. Regulation of Political Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Listings are free, but GetMyBoat takes a cut of any booked transactions. It sounds like the estate is trying to navigate into the HomeAway Section 230 exception for booking marketplace transactions. A rare case analyzing Section 230’s intersection with admiralty law. A boating accident led to Lindsey’s tragic death.

Contracts 98

Contracts Advertising Advertising Privacy 98

IP and Legal Filings

MAY 29, 2022

Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. If this contract is desecrated, hefty penalties area unit bound to be charged to the vitiator. This provision, which is broad in scope, renders all trade restraint agreements unlawful.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

43(B)log

AUGUST 12, 2022

Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Background in the four torts: use the appropriation tort: one who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy. Data privacy as the new frontier.

Privacy 45

Privacy Inventor IP Government 45

43(B)log

FEBRUARY 4, 2023

Compare to foreign defamation and privacy judgments. Silbey: surface the debate over what © is for: that privacy and defamation got excluded while IP was still being debated suggests a lack of consensus about what IP is for. Contract instead of ©? Is the right to research getting an unwanted transplant? Micropayments?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Dear Rich IP Blog

APRIL 14, 2022

So, for example, you could dramatize the pertinent facts of Dorothy Miles's life - for example, how she was born with hearing but lost it after contracting meningitis, or how she fell in love with American sign language, and later combined British sign language and poetry, or how she suffered from depression and bipolarity and that led to her death.

Intellectual Property 52

Intellectual Property Privacy Copyright Contracts 52

SpicyIP

NOVEMBER 8, 2023

Nonetheless, what’s the solution in the long run – abolishing copyright from scholarly works as Steven Shavell proposed; disallowing corporate assignment of copyright over scholarly works, akin to Akshat’s suggestion in the music industry context; revamping Legal Deposit under The Delivery of Books and Newspaper (Public Libraries) Act 1954.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

JUNE 14, 2024

That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” A book cover is still part of the editorial expression. So too is every design feature the court questions.

Social Media 102

Social Media Publishing Design Designs 102

43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. Can pigeonhole locals/block them from opportunities.

Copyright 52

Copyright Fair Use Marketing Marketing 52

43(B)log

AUGUST 9, 2024

But deeply troubled by algorithmic fair use cases that allowed lots of exploitation—iParadigms (plagiarism detection) and Perfect 10 (exposing women to public view when they contracted for more restricted nudity). Google); online posting of gov’t edicts (ASTM); print disabled access to books (HathiTrust).

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Technology & Marketing Law Blog

AUGUST 7, 2023

The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and a hardcover version for $28. Last year, I shrunk the book by 7%. This year, I reduced the book ANOTHER 10% as I reluctantly shed some outdated classics. Contracts Meyer v. Privacy Review: 16 C.F.R.

Editing 52

Editing Law Contracts Privacy 52

LexBlog IP

DECEMBER 30, 2022

In July, we reported that California’s approved budget included a $100 million allotment to “contract to make [its] own insulin at a cheaper price, close to at cost.” Newsom Announces Budget Approval for Biosimilar Insulin Initiative. ” China Approves World’s First Denosumab Biosimilar.

Reporting 52

Reporting Patent Application Intellectual Property Art 52

IP and Legal Filings

OCTOBER 7, 2024

On the other hand, the right to informational privacy is a fundamental right that is routinely used by the State to bypass the right to information (‘RTI’). The argument is that the Right to Information (RTI) and the Right to Privacy (RTP) are not conflicting but complementary. This presents a practical challenge.

Privacy 96

Privacy Government Contracts Copying 96

43(B)log

FEBRUARY 23, 2024

see also Booking: once source identification is shown, all other issues are dealt with as limitations on rights/incorporated into the confusion test.] Standing makes him nervous b/c of privacy. Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? Maybe to this we can add in Dastar.

Trademark 45

Trademark Law Branding Brands 45

SpicyIP

DECEMBER 31, 2024

Regarding Mr. Sidhus right to privacy and commercial exploitation, the Court held that for such a right to exist, it should be first established that Mr. Sidhu is a celebrity and has commercial goodwill. Considering that T-Series movie is based on a biography written by Fabian Dawson and public records concerning the death of Ms.

IP 105

IP Invention Patent Copyright 105

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Coakley’s threats prompted Wagging Tails—successor to Virtuoso and affiliated with Harvey Berger—to file its breach of contract and copyright infringement lawsuit against Coakley in federal court in Los Angeles.

Copyright 89

Copyright Derivative Work Fair Use Social Media 89

Technology & Marketing Law Blog

JANUARY 24, 2023

This reflects years of tech-trashing by the media and politicians–and an imbalanced discourse because there’s surprisingly little counternarrative to the techlash narrative (I hope to address this with my forthcoming book project). It also puts users’ privacy and security (including minors’!) at greater risk.

Law 122

Law Social Media Government Privacy 122

Technology & Marketing Law Blog

APRIL 21, 2025

As it did in the preliminary injunction stage, the state pressed its argument that the law merely governs children’s abilities to enter into contracts. The state invoked a justification that the law is just about protecting kids from bad contracts. Bonta Another Conflict Between Privacy Laws and Age AuthenticationMurphy v.

Social Media 52

Social Media Law Contracts Publishing 52