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. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.” The hyperlinks were underlined but.

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

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

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

IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contract forms a significant part of E-commerce.

Contracts 52

Contracts Business Technology Law 52

IPilogue

JANUARY 9, 2023

Meena Alnajar is an IPilogue Senior Editor, an IP Innovation Clinic Senior Fellow, and a 3L JD Candidate at Osgoode Hall Law School. This term, I had the amazing opportunity to work at AstraZeneca Canada through Osgoode’s Intellectual Property Law and Technology Intensive Program placement.

Business 110

Business Privacy Contracts Confidentiality 110

LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

Privacy 52

Privacy Law Business Editing 52

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract. The Guidance.

Law 62

Law Contracts Business Marketing 62

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

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. For similar reasons, the common law claim fails. The court rejects both claims. ” Intrusion Into Seclusion. Or even 900+?

Privacy 136

Privacy False Advertising Contracts Advertising 136

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 62

Advertising Advertising Settlement Contracts 62

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 52

Law Contracts Business Marketing 52

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

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

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 Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

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

43(B)log

AUGUST 4, 2023

Changes to IP rules on their own in our world may have little effect on whether we go towards the good vision or the bad—cloud computing, network effects that cause convergence on a small number of intermediaries, and important tech that is protected by secrecy/real and personal property law/employment agreements.

Public Domain 52

Public Domain Contracts IP Privacy 52

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31]. See paragraphs 47 and 55.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

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

Intellectual Property Law Blog

OCTOBER 30, 2023

The Executive Order covers several important issues but fails to address other significant issues. Digital Service, U.S. Digital Corps, and Presidential Innovation Fellowship.

Privacy 130

Privacy Government Copyright Technology 130

Technology & Marketing Law Blog

OCTOBER 16, 2022

The plaintiff alleged negligence, negligent infliction of emotional distress, and invasion of privacy based on third-parties posting her private information and allowing users to threaten her with murder and rape. ” Contract Breach. Facebook appeared first on Technology & Marketing Law Blog. Citing Barnes v.

Government 97

Government Privacy Blogging Publishing 97

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

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. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

Privacy 90

Privacy Litigation Marketing Marketing 90

Kluwer Copyright Blog

APRIL 15, 2024

Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement). EU Digital Market Act and competition laws that force access to certain data, see below).

Licensing 102

Licensing Social Media Contracts Privacy 102

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

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

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

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

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

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. Exclusions for Federal Criminal Law. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law.

Contracts 52

Contracts Law Technology Privacy 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

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

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. Europeans don’t think the regulators will be unreasonable.

Law 52

Law Privacy Litigation Social Media 52