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

Barry Sookman

JUNE 9, 2024

I had the pleasure of presenting the annual Year in Review of IT/Internet law to the Toronto Computer Lawyers Group on June 6, 2024. … The post Year(s) in review – IT, Internet, AI, IP, Privacy & Blockchain appeared first on Barry Sookman. It was great to see a packed-in person event of IT lawyers after COVID.

Privacy 52

Privacy IP Blogging Law 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. Freedom Financial Network, LLC.

Contracts 111

Contracts Designs Design Law 111

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 76

Contracts Privacy Registration Government 76

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

IPilogue

JANUARY 11, 2023

Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. This article was written as a requirement for Prof.

Journalism 80

Journalism Privacy Contracts IP 80

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

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 118

Blogging Law Contracts Cease and Desist 118

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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

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

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

The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. As an added bonus, participants will have the exclusive opportunity to attend a hearing at the Court of Justice of the European Union in Luxembourg.

Intellectual Property Law 60

Intellectual Property Law Intellectual Property IP Litigation 60

IP and Legal Filings

NOVEMBER 23, 2023

Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i] iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit.

Intellectual Property 100

Intellectual Property Privacy Branding Brands 100

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. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

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 105

Contracts Privacy Social Media Advertising 105

Traverse Legal Blog

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI. Contact us today for a consultation.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Copyright: WIPO.

Public Domain 61

Public Domain Contracts Copyright Licensing 61

The IP Law Blog

MAY 4, 2023

This article does not address the other antitrust and state law claims also at issue in the 91-page opinion.)The In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users. Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

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. 2016) 245 Cal.App.4th

Blogging 102

Blogging Contracts Law Privacy 102

Traverse Legal Blog

OCTOBER 24, 2022

laws, especially issues related to securities regulations enforced by the SEC (the Howey Test ). law firm for your legal needs with NFT and blockchain experience is critical to your success and is hard to find. Regulatory and risk analysis of United States Law. Intellectual property licensing agreements. Setting up U.S.

Privacy 40

Privacy Intellectual Property Contracts Law 40

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 84

Contracts Privacy Blogging Litigation 84

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. 2022 Edition of Internet Law: Cases and Materials.

Editing 90

Editing Social Media Blogging Advertising 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

Technology & Marketing Law Blog

JULY 19, 2023

In my Internet Law courses, my Gen Z students intuitively understand that contrasting blue text in a call-to-action is a hyperlink, even without underlining. The cumulative effect of these textual and organizational design choices is to de-emphasize references to the Terms and Privacy Policy, rendering them inconspicuous.

Privacy 91

Privacy Contracts Marketing Marketing 91

LexBlog IP

JANUARY 7, 2022

Data privacy concerns for businesses are on the rise, and organizations need to be prepared for the growing threat and response. Within the United States, each state has its own specific laws governing data breach notification for residents. The GDPR is a law that went into effect this year to protect EU citizens’ data.

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. I think many Internet Law experts were hoping that hiQ would answer the myriad questions left open by the Van Buren decision.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

LexBlog IP

JULY 26, 2023

Two key laws governing e-commerce in the UAE are Federal Law No. 15/2020 Consumer Protection Law and Federal Decree-Law No. In this article, we will delve into the key provisions of these laws and their implications for e-commerce businesses in the UAE. Federal Decree-Law No.

Business 52

Business Advertising Advertising Contracts 52

LexBlog IP

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. Based on the complaint, Chegg v.

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

Technology & Marketing Law Blog

JUNE 20, 2024

The court says “Plaintiffs’ express assent to 1 Hotel’s use of the photograph therefore created an implied license to use the Photograph on Defendant’s “social channels.”” If the consent was legally effective, then it created an express license, not an implied one. ” This is confused. Case Citation : Khachatryan v.

Social Media 100

Social Media Copyright Licensing Advertising 100

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. CMG appeared first on Technology & Marketing Law Blog. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG Media Corp. 2024 WL 559591 (N.D.

Privacy 90

Privacy Litigation Marketing Marketing 90

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Meta appeared first on Technology & Marketing Law Blog.

Trademark 93

Trademark Contracts Blogging Fair Use 93

Technology & Marketing Law Blog

MARCH 23, 2022

Under California law, where the lawyer has express authority, the client may be bound by the lawyer’s agreement to a contractual term. Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)”.

Privacy 101

Privacy Contracts Personality Rights Litigation 101

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. & Prof.

Contracts 93

Contracts Social Media Advertising Advertising 93

Technology & Marketing Law Blog

FEBRUARY 14, 2024

A rare case analyzing Section 230’s intersection with admiralty law. MySpace case from 2008 and its progeny (assuming the Doe case is still good law in the Fifth Circuit, which isn’t guaranteed ). The case involves GetMyBoat, an online marketplace for boat rentals. A boating accident led to Lindsey’s tragic death.

Contracts 74

Contracts Advertising Advertising Privacy 74

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. I thank the court for this opportunity to testify. Section 230.

Publishing 96

Publishing Government Contracts Law 96