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.”

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Contracts Law Reporting Blogging 98

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. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 52

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

Michael Geist

OCTOBER 21, 2024

What started as a moratorium on customs duties has expanded into the development of a new agreement that touches on a wide range of issues including privacy, data localization, and electronic contracting. The new deal has been heralded as groundbreaking, but some aren’t fully convinced that it actually does break new ground.

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Law Privacy Contracts Government 97

Traverse Legal Blog

AUGUST 8, 2023

Introduction to AI Governance: Why It Matters As we stand on the precipice of the AI Revolution, artificial intelligence (AI) is emerging as a powerful transformative force. AI governance policies set forth the framework of principles, policies, and procedures that guide its use.

Government 52

Government Privacy Due Diligence Intellectual Property 52

JD Supra Law

OCTOBER 4, 2023

The laws that govern the metaverse are grounded in those of Planet Earth. Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Where the difference lies is in their application to a new environment.

Privacy 82

Privacy Contracts Government IP 82

LexBlog IP

AUGUST 8, 2023

Introduction to AI Governance: Why It Matters As we stand on the precipice of the AI Revolution, artificial intelligence (AI) is emerging as a powerful transformative force. AI governance policies set forth the framework of principles, policies, and procedures that guide its use.

Government 52

Government Privacy Intellectual Property Due Diligence 52

TorrentFreak

APRIL 25, 2024

For many governments, however, any level of anonymity has the capacity to cause concern, and if that means unmasking everyone to identify a few bad actors, so be it. Or, according to the proposal, anyone (or all people) from a specified jurisdiction at the government’s discretion.

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Privacy Government Contracts Publishing 145

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.

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Blogging Contracts Law Privacy 116

IP and Legal Filings

OCTOBER 14, 2022

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-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

Contracts 52

Contracts Business Technology Law 52

IPilogue

JANUARY 16, 2023

Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra. From privacy to protecting against misappropriation, data practices demand multiple layers of legal and operational consideration.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. In the US, the Constitution only restricts the action of government actors, not private entities.

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Publishing Government Contracts Law 105

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 Designs 52

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

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Contracts Privacy Social Media Advertising 111

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

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

IP and Legal Filings

NOVEMBER 9, 2023

There are billions of people who are governed by the same set of territorial laws when it comes to administrative functions like taxes, contracts and even criminal offences. Marriage is a social contract which binds two people in a union. Under Christian Law Christians have a different set of rules that govern their religion.

Law 105

Law Contracts Government Privacy 105

Intepat

DECEMBER 5, 2024

Copyright governs the rights of creators over their digital works, ensuring they are protected from unauthorized use. Smart contracts embedded within NFTs, for example, cannot always prevent unauthorized copying or redistribution of the underlying digital assets. The anonymity provided by the metaverse adds another layer of difficulty.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

Technology & Marketing Law Blog

MAY 2, 2022

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. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

LexBlog IP

FEBRUARY 6, 2024

and the United States government provides guidance on the minimum requirements that the government must meet to protect trade secrets provided during the regulatory approval process for pharmaceuticals. VANDA’s breach of implied-in-fact contract claim was dismissed). The legal battle between VANDA Pharmaceuticals, Inc.

Government 52

Government Confidentiality Contracts Branding 52

LexBlog IP

FEBRUARY 10, 2023

One small portion of the services offered by Verisk / ISO using information it received improperly include “insurance, banking, finance, construction, real estate, law enforcement, emergency services, government, real estate, and geopolitics.” Privacy is the control over knowledge about oneself.

Privacy 40

Privacy Confidentiality Contracts Law 40

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

IP 143

IP Intellectual Property Copyright Trademark 143

Olartemoure Blog

AUGUST 9, 2024

Said deal, known as the “WTO Agreement on E-Commerce,” introduces a standardized framework to govern cross-border data flows and electronic contracts, which the ICC believes is crucial for the expansion of a secure digital economy.

Intellectual Property 52

Intellectual Property Privacy Contracts Government 52

LexBlog IP

APRIL 25, 2022

The Sedona Conference, Working Group 12 on Trade Secrets, has released for public comment its guidance on the governance and management of trade secrets. This valuable Commentary outlines the inherent challenges in developing a trade secret protection program that aligns with a business’s goals and measurable objectives.

Government 52

Government Business Confidentiality Contracts 52

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. There is no time limit imposed by Warner Bros.

False Advertising 98

False Advertising Government Privacy Designs 98

Technology & Marketing Law Blog

AUGUST 29, 2022

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. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 98

Editing Social Media Blogging Advertising 98

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. The Spectacular Failure of Employee Social Media Privacy Laws. ” In this case, the court seems to apply the factors more faithfully.

Social Media 119

Social Media Ownership Business Branding 119

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Thus, the 10 lifetime NOCIs threshold is a ruse to mislead people that smaller services aren’t governed by the law, when of course they will be. Normally trademark owners aren’t third-party beneficiaries of that contract. Who Cares About Privacy? The SHOP SAFE Act doubles down on privacy invasions in two ways.

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Trademark False Advertising Advertising Advertising 144

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 62

Law Contracts Business Marketing 62

IP Tech Blog

MARCH 21, 2022

Environmental, Social, and Governance. ESG, an acronym for Environmental, Social, and Governance, aims to establish an evaluation of companies’ social and environmental responsibilities. Secondly, a smart contract mechanism is developed to verify the consistency between the raw data and the final ESG report.

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Reporting Privacy Technology Government 70

The IPKat

DECEMBER 13, 2022

The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated. There is no such defence (of non-commercial purpose) in Ghana’s Copyright Act.

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Copyright IP Music Ownership 122

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

LexBlog IP

JANUARY 19, 2023

Scammers might pretend to be safety inspectors, government officials trying to help you, or utility workers who say immediate work is required. Walk away if they demand cash payments up front, or refuse to give you copies of their license, insurance, and a contract in writing. Spot rental listing scams.

Privacy 40

Privacy Reporting Contracts Advertising 40

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Rather than a flexible duty to regulate of government, it mandates “Broadcasting organizations shall enjoy the right to prohibit.” Delete Article 8.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

IP and Legal Filings

NOVEMBER 9, 2022

But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law . Section 2(h) of the Indian Contract Act,1872 defines ‘Contract’ as “An agreement enforceable by law”. Defamation Law .

Contracts 52

Contracts Law Technology Privacy 52

Technology & Marketing Law Blog

JANUARY 24, 2024

This case involves a commercial dispute, but questions about social media account ownership are pending before the Supreme Court in the context of government employee-operated accounts. Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM

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Social Media Ownership Designs Design 105