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 77

Contracts Privacy Registration Government 77

Technology & Marketing Law Blog

JULY 9, 2024

The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. ” In a footnote, the court adds “we do not address the district court’s determination that Section 230 bars the invasion of privacy claim.” My prior blog post. Case Citation : Lloyd v.

Contracts 72

Contracts Privacy Blogging Publishing 72

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 127

Blogging Contracts Fair Use Copyright Law 127

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

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. These basic principles “apply with equal force to contracts formed online.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 112

Contracts Designs Design Law 112

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 101

Licensing Social Media Contracts Privacy 101

Kluwer Copyright Blog

AUGUST 19, 2024

By applying a CC BY license to the AAM and depositing it in a repository without an embargo, they will meet funder’s requirements while allowing the journal to further use the work for commercial gains. The second requirement is to apply a Creative Commons Attribution license (CC BY), to the author accepted manuscript (AAM).

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Licensing Publishing Journalism Ownership 59

LexBlog IP

JANUARY 19, 2023

According to the Alert: Here are a few ways to spot the scammers who might try to take your money or personal information after a weather emergency: Spot imposter scams. Download the FEMA Mobile App to get alerts and information. Visit FEMA.gov for more information. Spot home improvement and debris removal 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 81

Blogging Copyright Contracts Cease and Desist 81

The IPKat

APRIL 22, 2024

Summer Course on European Information Technology Law Online, 9-13 September 2024 This course will provide a thorough introduction to European information technology law and internet regulation in the European Union. Click here for more information.

Intellectual Property Law 60

Intellectual Property Law Intellectual Property IP Litigation 60

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. BrandTotal’s initial software proactively pinged Facebook and collected responsive information. ” Oof.

Contracts 106

Contracts Privacy Social Media Advertising 106

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 87

Litigation Contracts Advertising Advertising 87

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. We write to inform those wary of the potential for a new sweeping WIPO Internet treaty to take note. Copyright: WIPO. Photo: Emmanuel Berrod. But the present draft clearly reaches such content. [2] 12–Tech.

Public Domain 59

Public Domain Contracts Copyright Licensing 59

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. Many webinar organisers and presenters are likely to be unaware with the many copyright concerns involved in webinars and would prefer to work out an informal agreement based on mutual understanding.

Fair Use 52

Fair Use Ownership Copyright Licensing 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 85

Contracts Privacy Blogging Litigation 85

LexBlog IP

JANUARY 7, 2022

Canada: Personal Information Protection and Electronic Documents Act (“PIPEDA”). Data privacy concerns for businesses are on the rise, and organizations need to be prepared for the growing threat and response. A contact point where additional information can be obtained. Industry-specific Obligations.

Privacy 52

Privacy Intellectual Property Contracts Business 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. ” Does this mean that courts will reject any claim, including a TTC claim, that could lead to “information monopolies”?

Cease and Desist 112

Cease and Desist Contracts Privacy Business 112

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

Privacy 90

Privacy Litigation Marketing Marketing 90

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 125

Contracts Publishing Licensing Editing 125

LexBlog IP

JULY 26, 2023

It also covers trust services and approved trust services, including rules for assessing license applicants, compliance rating entities, and licensees. It does not compel individuals to use electronic documents without consent, and certain information may be exempt from the obligation to save documents. Federal Law No.

Business 52

Business Advertising Advertising Contracts 52

Technology & Marketing Law Blog

MARCH 23, 2022

By the time Plaintiffs were alerted to this information, any information derived from their counsel’s use of the website had already been publicly filed and had become part of the litigation. Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. PeopleConnect, Inc. ,

Privacy 102

Privacy Contracts Personality Rights Litigation 102

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 102

Blogging Contracts Law Privacy 102

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy.

Privacy 92

Privacy Contracts Marketing Marketing 92

Technology & Marketing Law Blog

JULY 26, 2023

Chegg then subpoenaed NameCheap and Cloudflare, who complied with the subpoenas and provided details about the information that had been provided to them, but that all turned out to be a dead end, too. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked.

Cease and Desist 88

Cease and Desist Blogging Contracts Privacy 88

Technology & Marketing Law Blog

DECEMBER 9, 2022

And since I like to go outside, I figured I’d save everyone some time and provide a condensed takedown of the some of the more common but less-informed perspectives about the laws related to web scraping in the United States. [FN] Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 119

Blogging Law Contracts Cease and Desist 119

Trading Secrets

MAY 5, 2022

s (“hiQ”) collection and use of information that LinkedIn users shared on their public profiles did not violate the Computer Fraud and Abuse Act (“CFAA”) because the data was publicly available and therefore did not fall within the scope of the CFAA. In September 2019, the Ninth Circuit held that hiQ Labs, Inc.’s

Privacy 59

Privacy Copyright Infringement Contracts Licensing 59

The IPKat

AUGUST 29, 2021

Last week, China passed the Personal Information Protection Law, a top-level comprehensive data protection law with noticeable parts compatible with the GDPR. Interest in a law to protect personal information began 2003 , when the Information Technology Office of the State Council officially launched legislative research.

Law 97

Law Art Privacy Government 97

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 135

Privacy IP Technology Reporting 135

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service.

Contracts 94

Contracts Social Media Advertising Advertising 94

JIPEL Copyright Blog

DECEMBER 1, 2021

HiQ is a data analytics company that uses automated bots to scrape public information from LinkedIn users’ profiles, including name, job title, and work history. It then uses an algorithm to yield “people analytics” based on the information and sells them to business clients for profit. To begin, let’s recall the basic facts of HiQ v.

Contracts 40

Contracts Licensing Copying Confidentiality 40

JIPEL Copyright Blog

MARCH 9, 2022

AR involves overlaying the user’s view of (actual) reality with digital information and/or data – think Instagram filters; VR allows the user to experience and interact with a simulation projected on a head-mounted display as if it were their reality. There are clear advantages to the use of these technologies in the museum context.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM

Social Media 81

Social Media Ownership Designs Design 81

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 80

Contracts Blogging Advertising Advertising 80

Art Law Journal

AUGUST 18, 2022

However, regardless of where you live and work, there are some general guidelines to keep in mind that can help artists know when to use a model release form and what information should be included in one. A model release form is basically a short-form contract between the artist (or other hiring parties) and the model.

Publishing 85

Publishing Art Contracts Artwork 85

LexBlog IP

JUNE 21, 2022

Among other statutory requirements, the DTSA requires that the purported trade secret owner establish that it “t[ook] reasonable measures to keep such information secret.” ” 18 U.S.C. § § 1839(3)(b). ” Turret Labs USA, Inc. CargoSprint, LLC , No. 19-cv-793EKRML at 4 (E.D.N.Y. ” No. 21-952, at 5.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically an open ledge comprising of information that is used to track and store transactions and can also be verified and exchanged on a peer-to-peer network. The ledger consists of unalterable digitally recorded information in packages called blocks. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52