Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 83

Contracts Privacy Registration Government 83

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

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.

Law 75

Law Privacy Contracts Government 75

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

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The court says that either New York or California law governs, and the result would be the same under either state’s law. Forming online contracts is not rocket science.

Contracts 116

Contracts Designs Design Law 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

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 80

Privacy Contracts Government IP 80

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

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

SpicyIP

JULY 27, 2021

We’re pleased to inform you that the Centre for Communication Governance at the National Law University Delhi is inviting applications for various research positions. About the Centre for Communication Governance. Depending on the project(s) the consultant is hired to be involved in, the contract period will vary.

Government 105

Government Editing Privacy Technology 105

Intellectual Property Law Blog

OCTOBER 30, 2023

government. Some of the most important issues not addressed by the Executive Order are the numerous AI-related intellectual property issues.

Privacy 130

Privacy Government Copyright Technology 130

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

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

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 80

Contracts Law Reporting Blogging 80

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

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

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.

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Copyright Ownership Social Media Licensing 130

Intepat

OCTOBER 28, 2024

Understanding Non-Fungible Tokens In the Metaverse The commercial ecosystem Metaverse is governed by the use of cryptocurrencies and non-fungible tokens (NFTs), which leverage blockchain technology. NFTs are embedded with smart contracts—self-executing contracts written in code—that facilitate the transfer and verification of ownership.

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Non-Fungible Tokens Copyright Contracts Ownership 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

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 91

Contracts Privacy Blogging Litigation 91

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

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 87

Blogging Copyright Contracts Cease and Desist 87

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.

Privacy 140

Privacy Government Contracts Publishing 140

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 103

Law Contracts Government 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.

Publishing 101

Publishing Government Contracts Law 101

LexBlog IP

OCTOBER 30, 2023

government. Some of the most important issues not addressed by the Executive Order are the numerous AI-related intellectual property issues.

Privacy 52

Privacy Government Intellectual Property Copyright 52

Olartemoure Blog

OCTOBER 3, 2023

This processing is a contravention of the principles governing the GDPR and in the absence of a legal basis that would legitimize or justify such processing. Considering the above, the main basis for the processing by Meta of the referred data would be informed consent, granted through the acceptance of the service contract.

Law 105

Law Privacy Contracts Marketing 105

IP and Legal Filings

NOVEMBER 15, 2024

Hence, the Indian Government has introduced various legislations aiming to regulate the Gaming Sector. HISTORICAL BACKGROUND The first law which governs the modern-day online games is Prevention of Gambling Act, 1867 , which prohibited all gambling related activities. In 2020, India’s mobile gaming sector earned USD 1.5

Advertising 83

Advertising Advertising Law Due Diligence 83

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

Contracts 109

Contracts Privacy Social Media Advertising 109

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 108

Blogging Contracts Law Privacy 108

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. One lesson: Threats to privacy are threats to communities and practices that sustain creativity.

Public Domain 52

Public Domain Contracts IP Privacy 52

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 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

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 124

Blogging Law Contracts Cease and Desist 124

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ 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 52

Law Contracts Business Marketing 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 90

False Advertising Government Privacy Designs 90

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 61

Public Domain Contracts Copyright Licensing 61