Traverse Legal Blog

APRIL 6, 2022

” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

Licensing 98

Licensing Trademark Contracts Branding 98

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 98

Contracts Blogging Advertising Advertising 98

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 98

Contracts Privacy Registration Government 98

Velocity of Content

DECEMBER 14, 2023

Success is dependent on collaboration, networking, and sharing information. The license also helps increase organizational efficiency by reducing time spent on verifying rights, obtaining individual permissions, and enabling the sharing of content compliantly between employees.

Licensing 98

Licensing Copyright Publishing Journalism 98

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts 116

Contracts Litigation Blogging Law 116

Traverse Legal Blog

JANUARY 29, 2022

One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. “These platforms are not providing any license language for the actual asset attached to the NFT.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

Plagiarism Today

JANUARY 24, 2022

According to American Airlines, this is a violation of their terms of service by encouraging users to hand over their login information to a third party. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 209

Settlement Copyright Notice Plagiarism Reporting 209

Erik K Pelton

DECEMBER 10, 2024

If the answer to the prior question is No, is USPTO registration available for auxiliary products or services that arent affected by the CSA, such as providing information via a website, or apparel? Are trademarks, copyrights, and intellectual property covered in agreements, licenses, and contracts?

Branding 130

Branding Brands Branding Trademark 130

Plagiarism Today

JUNE 28, 2022

This prompted Walkie Check to sue for breach of an implied contract, unjust enrichment and copyright infringement. Visitors to these websites will now get a message from the Department of Justice indicating that the sites have been seized, and users will then be redirected to addition information.

Copyright Infringement 192

Copyright Infringement Television Plagiarism Copyright 192

Velocity of Content

JANUARY 31, 2023

I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,

Licensing 98

Licensing Fair Use Journalism Publishing 98

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

Plagiarism Today

AUGUST 2, 2022

Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. 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

The IPKat

OCTOBER 14, 2024

Such conduct generated exploitative effects by excessive pricing towards users as well as exclusionary effects towards SGAE’s competitors, representing a barrier to entry into the market for collective management as well as the market for licensing of copyright-protected works for other CMOs or independent management entities (IMEs).

Contracts 62

Contracts Music Licensing Art 62

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.

Contracts 98

Contracts Law Reporting Blogging 98

TorrentFreak

MAY 11, 2023

was banned and then signed up for a new account, he agreed to Bungie’s Limited Software License Agreement with no intent to comply with it; fraud according to Bungie. Regarding violations of the LSLA, the court was informed that as a minor, L.L. As it happened, he had already declared all contracts with Bungie null and void.

Derivative Work 143

Derivative Work Contracts Copyright Infringement Licensing 143

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. However, OpenAI then states that it ‘[feels] that it’s important we contribute to the development of a broadly beneficial social contract for content in the AI age.’ The database of content information that OpenAI could assemble would be vast.

Contracts 78

Contracts Copyright Publishing Business 78

Technology & Marketing Law Blog

AUGUST 31, 2023

. “Plaintiff seeks to hold Twitter liable for decisions regarding “information provided by another information content provider”—that is, information he and the third-party user, rather than Twitter, provided.” Contract Breach. ” Cite to Kimzey. ” Cite to King v. . ” Cite to King v.

Contracts 124

Contracts Social Media Blogging Publishing 124

Technology & Marketing Law Blog

APRIL 8, 2023

In particular, face scanning seemingly directly conflict with biometric privacy laws, such as Illinois’ BIPA, which provide substantial restrictions on the collection, use, and retention of biometric information. Kuklinski was then prompted to take a photograph of his driver’s license or other state identification card.

Privacy 145

Privacy Law Contracts Design 145

Patently-O

MARCH 7, 2022

The court dismissed the case, holding that “the law does not impose strict liability for harms arising out of the storage of personal information.” By that time, hackers had obtained personally identifiable information (PII) for the company’s 40,000 employees, and tens-of-thousands of former employees.

Privacy 118

Privacy Contracts Licensing Litigation 118

IP and Legal Filings

JUNE 21, 2021

The main aim was to facilitate the non-exclusive licensing and trading of IP assets. This shows how important is the licensing aspect of the company which deals in the IP field. This shows how important is the licensing aspect of the company which deals in the IP field. Giving a larger ground for licensing.

Due Diligence 86

Due Diligence IP Contracts Licensing 86

Plagiarism Today

APRIL 20, 2022

The move follows a recent Supreme Court decision , which dealt with a police officer who used his access to official systems to access information for an unauthorized purpose. Copyright and breach of contract are just two other areas to consider. Where Does This Leave Us. The CFAA is far from the only law that governs web scraping.

Licensing 253

Licensing Government Copyright Plagiarism 253

Traverse Legal Blog

MARCH 25, 2022

NFT Legal Tip #3: Your Token Contract is on The BLockchain Forever. There are two contracts with every NFT drop. The first is the token contract and it goes on the blockchain. NFT Legal Tip #4 – Draft Your Linked Digital Asset Contract Correctly. Additional NFT Resources, Templates, Forms, and Information.

Branding 126

Branding Brands Branding Contracts 126

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). Learn more about NFT licensing.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Complaint at 2.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

OCTOBER 23, 2021

“To the extent the contract pertains to use of Peloton’s Services (e.g., ” The idea is that sometimes nonsignatories get benefits from a contract sufficient to impose the contract terms on them anyways. ” Thus, the nonparties cannot be swept into the contract. That’s Contracts Law 101.

Contracts 136

Contracts Registration Litigation Copying 136

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

Technology & Marketing Law Blog

DECEMBER 7, 2022

The appellate court summarizes its conclusion: However denominated, Prager’s state law causes of action target providers of an interactive computer service in their capacity as publishers restricting access to Prager’s information content—i.e., Prager tried a variety of contract-based workarounds to Section 230.

Contracts 145

Contracts Publishing Law Government 145

Velocity of Content

NOVEMBER 19, 2024

CCC recently reached out to experienced information professionals to gain a better understanding of the ways in which they are incorporating tools with artificial intelligence (AI) capabilities into their everyday workflows, as well as how they are positioning the use of AI within their organizations.

Contracts 52

Contracts Licensing Copyright Blogging 52

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. Freedom to negotiate.

Publishing 81

Publishing Contracts Social Media Art 81

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Cite to IC v.

Contracts 133

Contracts Publishing Licensing Editing 133

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses).

Copyright 118

Copyright Art Licensing Contracts 118

The IPKat

OCTOBER 28, 2021

In this case, the nuance is expressed in the context of the balance between the ‘right of information’ of the participants to a public tender and the possible presence of ‘trade secrets’ in the bidding documentation. Based on this, the request for access to the documentation was denied by the contracting authority.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

Technology & Marketing Law Blog

JULY 22, 2022

The lawsuit relates to “information that he, rather than Twitter, provided. Rangel mistakenly believes that he himself cannot be a third-party information provider under this provision, but this view has been repeatedly rejected.” This covers the breach of contract claim too. Contract breach. Cite to King v.

Contracts 116

Contracts Publishing Blogging Marketing 116