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

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

LexBlog IP

MARCH 15, 2022

The court therefore concluded that Belle Cosmetics sufficiently alleged that the list of network salespeople and customers was sufficient to constitute confidential information.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Success=people are empowered in a real way and track how information flows/reaches them.

Law 52

Law Privacy Litigation Social Media 52

IPilogue

JULY 28, 2021

An entity’s unauthorized use of a photographer’s image engages many legal issues: invasion of privacy , defamation , and violation of the right of publicity , to name a few. Section 13(3) states that if the photographer was contracted for work, the photos taken belong to their employer. In this post, I will focus on the Copyright Act.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

IPilogue

APRIL 4, 2022

I explained that I had just finished reading a recent book about ‘her sister’ and that I only wished to speak to her about conflicting information contained in that publication, as I was conducting research about her medical condition. Her privacy has been repeatedly invaded by complete strangers since childhood.

Privacy 120

Privacy Publishing Journalism Copyright 120

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

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order.

Social Media 99

Social Media Law Blogging Publishing 99

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

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 139

Privacy Designs Design Business 139

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

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

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

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. For further details, please see the announcement below. Call for Applications: Research Positions at CCG. The logo of NLU, Delhi alongside the logo of CCG.

Government 105

Government Editing Privacy Technology 105

Technology & Marketing Law Blog

AUGUST 7, 2023

Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I welcome your suggestions. * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Sun Pharmaceuticals Industries Ltd. Cipla Ltd [Madras High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 57

Fair Use Contracts Litigation Copying 57

Intepat

FEBRUARY 7, 2023

The visual technology and design capabilities are developing at a rapid pace where the metaverse will allow users to interact with virtual objects in real life with real-time information. The conventional internet and social media, as we know it, is referred to as the Web2.0 – Data protection and privacy issues.

IP 52

IP Law Invention Licensing 52

Kluwer Copyright Blog

JUNE 26, 2024

What happens to information created by online newspapers, magazines, and bloggers if Google does not provide links to their content? The introduction of the notion of “AI Assistants” in popular jargon could be seen as an attempt to suggest that the way people consume information online is evolving.

Copyright 102

Copyright Content Creation Fair Use Technology 102

Intepat

JUNE 6, 2024

This technique raises serious privacy and intellectual property (IP) problems since it uses artificial intelligence (AI) to analyze biometric data. WIPO emphasizes the need for discussing the underlying data used in AI algorithms to prevent copyright infringement, considering biometrics, personal information usage, and “deep fakes.”

IP 52

IP Intellectual Property Privacy Technology 52

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Not transparent/information asymmetry for consumers. This rule facilitates information asymmetry that can harm consumers by adding information costs. Expand social media monitoring. 4) detailed records of works used and their provenance.

Social Media 52

Social Media Fair Use Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. Undeterred by Florida’s futility (and perhaps envious of it?),

Social Media 144

Social Media Law Publishing Government 144

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. The final version of the INFORM Consumers Act. * On the contrary, any private information that is revealed in Kochava’s data bank can be ascertained only by inference. Kochava, Inc.,

Social Media 73

Social Media Privacy Advertising Advertising 73

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 110

Social Media Reporting Government Law 110

43(B)log

JUNE 29, 2023

Impulse Statement: Sean Flynn: Data protection can be seen as protecting right to privacy but can interfere with right to research. Duty to protect: duty to regulate third parties—protecting both privacy rights and researchers in data held by third parties. How far that goes (overriding contracts, © claims, TPMs) is unclear.

Law 57

Law Art Privacy Social Media 57

Technology & Marketing Law Blog

JANUARY 27, 2022

The Constitution protects many types of offensive speech; plus local government officials sometimes make petty or ill-informed decisions. First, governments can never successfully operate a social media service. social media has played an outsized role in finding and prosecuting the insurrection.

Social Media 127

Social Media Law Privacy Government 127

Technology & Marketing Law Blog

JANUARY 24, 2023

In contrast, Musk has enthusiastically seized the power of moderating content to his own personal benefit (such as his ill-advised attempt to shut down information about ElonJet). The opinion upheld every aspect of Texas’ social media censorship law. Actualizing the fears that Internet services will target journalists.

Law 115

Law Social Media Government Privacy 115