Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. In this vision, OpenAI shares its own perception of its contribution to creative ecosystems, but also its understanding of some of the legal implications of its business model. For that purpose (i.e.

Contracts 81

Contracts Copyright Publishing Business 81

IP Law 360

FEBRUARY 15, 2024

As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

Contracts 52

Contracts Intellectual Property Privacy IP 52

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Jump to a Section: What is Data Privacy? Data Privacy versus Data Security? Common Threats to Data Privacy.

Privacy 52

Privacy Government Intellectual Property Business 52

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts 52

Contracts Business Confidentiality Privacy 52

Kluwer Copyright Blog

MARCH 4, 2024

This case reveals the important differences between the US Law and the European Union (EU) (and United Kingdom (UK)) Law under several points of view: criminal law, privacy/data protection law, intellectual property (IP) rights (and sui generis rights), and even law of contracts.

Privacy 56

Privacy Law Journalism Intellectual Property 56

IPilogue

JANUARY 16, 2023

As I quickly learned, businesses that haven’t traditionally dealt with IP rights are facing a rising tide of related challenges as they seek to capitalize on new opportunities. Current privacy legislation dictates that corporations must obtain valid consent from the individual to collect, use or disclose their personal information.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 111

Contracts Privacy Social Media Advertising 111

LexBlog IP

NOVEMBER 3, 2022

California law will soon require businesses to treat their employees and business partners as consumers under the California Consumer Privacy Act (CCPA). Fortunately, most businesses already have HR processes to allow employees to access and correct their personal data. Employee, Job Applicant and 1099 Contractor Data.

Privacy 40

Privacy Business Contracts Law 40

LexBlog IP

FEBRUARY 18, 2022

Porter Wright is proud to announce that international business and privacy & data security attorney Katja Garvey has been elevated to serve as chair of the firm’s International Business & Trade Practice Group. International business, and privacy and data security experience. Moritz College of Law.

Privacy 52

Privacy Business Law Contracts 52

IP and Legal Filings

OCTOBER 14, 2022

The legal sector across the world has undergone extensive digital reality adaption, whether it be the virtual mode of delivering justice by the judiciary or the conducting of business transactions of any shape and size. Meaning Of An E-Contract. E-contract forms a significant part of E-commerce. Image Source: Shutterstock].

Contracts 52

Contracts Business Technology Law 52

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 77

Contracts Artistic Work Copyright Copyright Law 77

LexBlog IP

AUGUST 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup , we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI.

Privacy 52

Privacy Law Business Higher Education 52

Technology & Marketing Law Blog

MAY 2, 2022

It also sidesteps the dispute regarding whether hiQ is still in business. 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. Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds?

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

LexBlog IP

MAY 12, 2023

4 , titled the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor Abbott’s desk for final signature. If signed into law, Texas will join a growing contingency of states enforcing comprehensive data privacy laws for their residents. Which other states have comprehensive privacy laws?

Privacy 52

Privacy Law Business Contracts 52

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

Intellectual Property Law Blog

OCTOBER 30, 2023

The Executive Order covers several important issues but fails to address other significant issues. Digital Service, U.S. Digital Corps, and Presidential Innovation Fellowship.

Privacy 130

Privacy Government Copyright Technology 130

Traverse Legal Blog

MARCH 1, 2023

Data Privacy & Security Issues Your SaaS Company Needs to Think About Every employee and department in your SaaS company interacts with different personal data and vendors with which you share personal data. The controller gets to decide what happens to it and what doesn’t happen to it by contract or otherwise.

Privacy 52

Privacy Contracts Web Development Design 52

LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

Privacy 52

Privacy Law Business Editing 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 131

Blogging Law Contracts Cease and Desist 131

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

Privacy 40

Privacy Law Higher Education Contracts 40

LexBlog IP

AUGUST 17, 2023

Recently, the California Privacy Protection Agency (CPPA) announced its new initiative in investigating the data privacy practices of connected vehicle (CV) manufacturers and the related technologies. Consider whether your privacy policy has been updated for CCPA compliance. the precise geolocation of the CV).

Privacy 40

Privacy Contracts Business Advertising 40

LexBlog IP

OCTOBER 27, 2022

Last week, the California Privacy Protection Agency (CPPA) released updated California Privacy Rights Act (CPRA) draft regulations and a summary of the changes. Previously, the regulations required all CPRA-subject businesses to treat browser-based opt-out settings as the consumer’s signaled consent.

Privacy 40

Privacy Business Contracts Technology 40

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

Social Media 98

Social Media Contracts Ownership Business 98

Olartemoure Blog

NOVEMBER 11, 2022

Sensitive Data is defined as the personal data that affects the privacy of the Data Subject or whose inadequate use may lead to discrimination against the Data Subject. Colombia privacy regulations se publicó primero en OlarteMoure | Intellectual Property. Sensitive Data v. Sensitive Personal Information. La entrada China v.

Privacy 52

Privacy Law Intellectual Property Business 52

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. You can find the full report here.

Copyright 133

Copyright Ownership Social Media Licensing 133

TorrentFreak

APRIL 25, 2024

Yet, for many years, companies operating in the online space have been happy to do business with customers without knowing very much about them at all. The definition also extends to any service where the consumer does not manage or control the underlying hardware but contracts with a third party for access.

Privacy 145

Privacy Government Contracts Publishing 145

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 105

Litigation Contracts Advertising Advertising 105

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

LexBlog IP

JULY 26, 2023

In this article, we will delve into the key provisions of these laws and their implications for e-commerce businesses in the UAE. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. These contracts are legally valid and enforceable.

Business 52

Business Advertising Advertising Contracts 52

Technology & Marketing Law Blog

JULY 26, 2023

Cases where someone is pilfering data and/or ripping off someone’s business wholesale, and the only question is which claims will be used to take them down. (for 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.

Cease and Desist 98

Cease and Desist Blogging Contracts Privacy 98

LexBlog IP

AUGUST 18, 2021

It is inevitable in almost every business. Review the contract. Review the contract/offer letter. text: ‘Privacy’, }. }. }); }); “Five Rs” To Remember When Letting Employees Go. You will need to let an employee go. Regardless of the reason, here are five “R”s to keep in mind.

Advertising 86

Advertising Advertising Art Law 86

TorrentFreak

OCTOBER 11, 2021

He has not transacted any business in Virginia or contracted to supply services or things in Virginia.” website we don’t see these changes reflected in the company’s privacy policy yet. . “Faouani has never traveled to the United States, and had never heard of the state of Virginia prior to this lawsuit.

Settlement 145

Settlement Technology IP Copyright 145

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

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. While certain attributes of the accounts made it unclear as to whether they were personal or business-focused accounts, the evidence was clear that the accounts were used extensively by JLM or by Ms. Gutman in her role as an employee of JLM.

Social Media 119

Social Media Ownership Business Brands 119

LexBlog IP

JULY 31, 2023

House Bill 19 (“ HB 19 ”) —signed by Governor Greg Abbott in June—creates a new “Business Court” system for the Lone Star State. HB 19’s passage comes after four previous legislative efforts to enact a business court system in Texas failed. What kinds of cases will the Business Courts hear?

Business 52

Business Contracts Government Law 52

The IP Law Blog

MAY 4, 2023

Epic has three primary lines of business: it’s a video game developer, it’s the parent company of the gaming-software developer, and it’s a video game publisher/distributor. However, because the trial court had properly applied the Rule of Reason analysis, its conclusion on the DPLA contract issue was harmless.

Marketing 98

Marketing Marketing Privacy Contracts 98