Technology & Marketing Law Blog

OCTOBER 16, 2022

” Contract Breach. The post Facebook’s Website Isn’t Governed by the ADA–Lloyd v. Facebook appeared first on Technology & Marketing Law Blog. . “Plaintiff alleges that the Defendants failed to take appropriate moderation measures against users. Citing Barnes v. Yahoo , Morton v.

Government 111

Government Privacy Blogging Publishing 111

The IPKat

JULY 18, 2021

If the Government takes on board this recommendation it would mean, as Tom Gray put it “that for the first time ever, our entire music community get something” - since it provides for non-featured artists, who typically transfer their rights in exchange for a one-off session fee rather than a royalty.

Music 139

Music Contracts Reporting Government 139

U.S. Department of Commerce

JULY 21, 2023

Stepping into the Executive Director and CEO role here in March 2023, I immersed myself in our public safety engagement, contract oversight, and program management efforts to understand how these critical functions were managed here. One of my takeaways is the FirstNet network has an unparalleled level of oversight and governance.

Government 81

Government Contracts Licensing Technology 81

43(B)log

AUGUST 25, 2023

The Terms and Conditions of Use posted at the time of your use of this website governs that use. The State of Hawaii Department of Transportation Airport Division (the “HDOTA”) may revise the Terms and Conditions of Use without any specific notice to you. The following list is not exhaustive.

Editing 52

Editing Government Contracts Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 98

Contracts Law Reporting Blogging 98

Kluwer Copyright Blog

FEBRUARY 13, 2024

In 2022, in the UK Parliament, the Digital, Culture, Media and Sport Select Committee, in its final report on the Economics of Music Streaming , made a number of recommendations, including speedy adoption of reversion and contract adjustment rights so that UK artists do not fall behind their European counterparts.

Contracts 64

Contracts Music Government Reporting 64

Technology & Marketing Law Blog

DECEMBER 18, 2021

Apple rejected it based on its policy that any COVID-19 apps had to come from the government or medical institutions. The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. Breach of Contract.

Reporting 119

Reporting Law Contracts Advertising 119

Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 111

Contracts Government Marketing Marketing 111

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 145

Contracts Publishing Law Government 145

Kluwer Copyright Blog

AUGUST 24, 2022

The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK Copyright Designs and Patents Act 1988 (CDPA). With respect to the CGW provision the government has decided to make no changes to the law. The consultation closed in the beginning of January 2022.

Government 94

Government Intellectual Property Licensing Copyright 94

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

Social Media 138

Social Media Contracts Advertising Advertising 138

TorrentFreak

OCTOBER 25, 2022

Funded by the government and run by City of London Police under the banner of Operation Creative, the IWL is supported by major rightsholders, including the BPI, IFPI and The Publishers Association, plus international groups such as the MPA. Government Wants Data On IWL-Listed Pirate Sites. ” Data Sought By The Government.

Intellectual Property 136

Intellectual Property Advertising Advertising Contracts 136

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 105

Contracts Privacy Blogging Litigation 105

IIPRD

AUGUST 29, 2024

The current broadcasting sector in India is regulated by a patchwork of laws and guidelines which the government is still seeking to modernize and consolidate apparent from the latest bills getting retracted to address all sorts of evolutions and improvements. What is a Broadcasting agreement?

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site.

Contracts 98

Contracts Design Designs Publishing 98

TorrentFreak

OCTOBER 27, 2024

The seventh installment of the Government-backed anti-piracy sweep, details of which were released in September , took down 675 pirate sites, 14 apps, and led to nine arrests. The movie industry group also encourages the government to approve a bill that criminalizes camcording in theaters, even when there’s no profit motive.

Contracts 118

Contracts Government Copying Reporting 118

Technology & Marketing Law Blog

MAY 22, 2022

This case involves the tragic situation where two Twitter employees allegedly became operatives for the Kingdom of Saudi Arabia and turned over sensitive information about the government’s critics to the Saudi Arabia government. MySpace , Murphy v. Twitter , King v. Two reminders: the Murphy v. Case citation : Al-Ahmed v.

Contracts 111

Contracts Government Publishing Blogging 111

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion. Breach of Contract/Implied Covenant of Good Faith and Fair Dealing. This is a helpful explication of the intersection between Section 230 and breach of contract claims.

Contracts 119

Contracts Publishing Blogging Government 119

Technology & Marketing Law Blog

JANUARY 6, 2023

I previously described the case: This case involves the tragic situation where two Twitter employees allegedly became operatives for the Kingdom of Saudi Arabia and turned over sensitive information about the government’s critics to the Saudi Arabia government. breach of contract being both covered and not covered by 230.

Contracts 114

Contracts Government Publishing Blogging 114

Art Law Journal

NOVEMBER 1, 2021

What questions should you be asking in contract negotiation, and what provisions should you be reviewing? Not every item must be in the contract, but it will be too late to add anything to make the loss as comprehensive as possible once you sign. Is the contract for my whole series or just specific pieces? Making Your Checklist.

Contracts 52

Contracts Art Artwork Law 52

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

Plagiarism Today

AUGUST 2, 2022

The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. Introduction.

Publishing 81

Publishing Contracts Social Media Art 81

IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contract forms a significant part of E-commerce.

Contracts 52

Contracts Business Technology Law 52

LexBlog IP

DECEMBER 26, 2023

Government and Private Programs that Give to Founders by Jaime Chandra Government and Private Programs that Give to Founders Empowering Innovation: A Guide to Supportive Programs for Entrepreneurs Access to the right resources can significantly impact entrepreneurial success.

Government 52

Government Business Contracts Inventor 52

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Plaintiffs have attempted a wide range of common law, statutory, contract, and Constitutional claims, and courts have rejected those claims based on one or more of the following four grounds: Prima Facie Elements. In the US, courts routinely honor such contract provisions, even if the TOS terms are non-negotiable and may seem one-sided.

Publishing 105

Publishing Government Contracts Law 105

Technology & Marketing Law Blog

FEBRUARY 27, 2022

AA’s terms and conditions says that all disputes arising under its agreements will be governed by the Northern District of Texas. But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

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

NOVEMBER 7, 2023

Apple rejected the Coronavirus Reporter app because it wasn’t associated with a government entity or medical institution; and it rejected the Bitcoin Lottery app due to its general ban on bitcoin apps. The appeals court says the plaintiffs “have not adequately defined the relevant market.” Contract Breach.

Reporting 98

Reporting Blogging Marketing Marketing 98

TorrentFreak

APRIL 5, 2022

In blatant defiance of the government, they openly described the ‘Special Operation’ as a war. ” More than 8,000 scientists were able to sign the letter before it was disappeared by the government but the predictions it contained are already coming true. Academics and Researchers – A Beacon of Hope.

Publishing 145

Publishing Government Licensing Journalism 145

Technology & Marketing Law Blog

APRIL 8, 2023

There are several ways of doing it, but the two primary options for quick results are (1) requiring consumers to submit government-issued documents, or (2) requiring consumers to submit to face scans that allow the algorithms to estimate the consumer’s age. Binance appeared first on Technology & Marketing Law Blog.

Privacy 145

Privacy Law Contracts Design 145

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

In March 2020, she contracted a respiratory illness. There was no nuance to the law enforcement effort to censor speech; it was the raw exercise of government power, coupled with a realistic threat of incarceration for noncompliance. ” “The First Amendment is not a game setting for the government to toggle off and on. .”

Law 122

Law Social Media Government Contracts 122

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Technology & Marketing Law Blog

FEBRUARY 27, 2024

AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. The court easily brushes this aside, saying “this Court does not think that a law prohibiting minors from contracting to access to a plethora of protected speech can be reduced to a regulation of commercial conduct.”

Social Media 105

Social Media Law Contracts Publishing 105

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

Contracts 52

Contracts Law Copyright Intellectual Property 52