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 108

Contracts Social Media Blogging Publishing 108

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. 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. In November 2023, X corp. on all counts.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

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 102

Licensing Social Media Contracts Privacy 102

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

Social Media 116

Social Media Contracts Advertising Advertising 116

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). ” [Discussing Cross v. .”

Contracts 77

Contracts Designs Design False Advertising 77

LexBlog IP

JANUARY 31, 2022

Whether creating a social media account, signing up a for an online service, or just trying to get to bank statements, more and more businesses are linking to their standard terms and conditions online for suppliers and customers. Almost every commercial website provides some amount of information and resources.

Contracts 52

Contracts Social Media Licensing Business 52

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

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. As a result, CCDH met the first prong of the anti-SLAPP protections that the lawsuit targeted socially important speech.

Litigation 87

Litigation Contracts Advertising Advertising 87

Plagiarism Today

APRIL 7, 2022

They asked about the descriptions on the FDN-hosted CCA website, but were informed that those were owned by FDN. Also in 2018, FDN filed the original complaint, targeting both Amazon and CCA, alleging that they both breached contracts and committed copyright infringement. But this is where FDN introduces a new wrinkle.

Publishing 261

Publishing Registration Social Media Copyright 261

The IP Law Blog

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. For example, and this is the most prevalent issue I’ve seen, many companies include language in the agreements that would grant the company a license “in perpetuity” to use the athlete’s NIL.

Intellectual Property 98

Intellectual Property Licensing Social Media Contracts 98

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 138

Music Contracts Reporting Marketing 138

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. Before tackling more serious matters, a quick look at legal streaming services’ subscriber agreements provides a wealth of information.

Copying 116

Copying Social Media Licensing Technology 116

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. Facebook v.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

LexBlog IP

DECEMBER 22, 2022

GMC properly licenses the right to display, from the copyright owners of the lyrics. Google contracted with LyricFind to supply song lyrics for Google’s “Information Box.” ” The Information Box appears before organic search results. Social media. Here’s what happened.

Contracts 52

Contracts Social Media Copyright Music 52

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 137

Contracts Publishing Law Government 137

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 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts 61

Contracts Social Media Publishing Blogging 61

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. See this explainer I wrote after its passage.

Contracts 62

Contracts Social Media Business Blogging 62

Technology & Marketing Law Blog

AUGUST 9, 2023

LinkedIn closed the account because she allegedly shared misleading COVID information. However, in the post-Musk era, LinkedIn has become my #1 social media referral source.] The plaintiff also argued that LinkedIn breached its contract with her. Another account termination case. I’m not sure. The complaint.

Contracts 78

Contracts Social Media Blogging Marketing 78

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Branding Brands 57

LexBlog IP

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. Put another way, the company is only paying the athlete for the express term of the contract, but it will be able to use the athlete’s NIL forever. It’s really a matter of education.

Intellectual Property 52

Intellectual Property Licensing Social Media Contracts 52

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol.

Fair Use 249

Fair Use Non-Fungible Tokens Copyright Social Media 249

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 93

Contracts Social Media Advertising Advertising 93

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. Chen’s password and then ran searches, nor do they allege that either individual Defendant in any way accessed or downloaded information from Lumileds’ network. hiQ Labs II at 43.

Blogging 88

Blogging Cease and Desist Business Litigation 88

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. What changed by November 19, 2018?

Registration 113

Registration Fair Use Copyright Designs 113

Kluwer Copyright Blog

MAY 11, 2023

This Section also provides that right holders shall be informed about this type of use of their works and shall be entitled to ask the exception’s beneficiary to implement more stringent security measures.

Copying 102

Copying Copyright Law Copyright Social Media 102

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

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. information–Children’s Health Defense v.

Social Media 108

Social Media Contracts Government Publishing 108

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Kluwer Copyright Blog

MARCH 6, 2023

Speeding literature review One of the most common uses of TDM is to help scholars find, read, and analyze information in academic journals and other sources. Other TDM projects have examined social media and other online sources to track and explain COVID-19 vaccination hesitancy, and to identify High-Risk COVID-19 patients.

Copyright 118

Copyright Social Media Publishing Licensing 118

Technology & Marketing Law Blog

DECEMBER 27, 2022

2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Parker, 2022 WL 17403220 (D.D.C.

Privacy 100

Privacy Marketing Marketing Social Media 100

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. information–Children’s Health Defense v. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Zuckerberg.

Social Media 123

Social Media Blogging Government Publishing 123

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 52

IP Intellectual Property Social Media Cease and Desist 52