IP Law 360

FEBRUARY 15, 2024

As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

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Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. What blows my mind is that the court treats this as a first-principles question of common law.

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Michael Geist

OCTOBER 21, 2024

What started as a moratorium on customs duties has expanded into the development of a new agreement that touches on a wide range of issues including privacy, data localization, and electronic contracting. The new deal has been heralded as groundbreaking, but some aren’t fully convinced that it actually does break new ground.

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Patently-O

MARCH 7, 2022

The court dismissed the case, holding that “the law does not impose strict liability for harms arising out of the storage of personal information.” The current/former employees sued in a nationwide class action alleging negligence, breach of implied contract, breach of fiduciary duty, and unjust enrichment.

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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. Or loudly enough.

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LexBlog IP

MAY 12, 2023

4 , titled the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor Abbott’s desk for final signature. If signed into law, Texas will join a growing contingency of states enforcing comprehensive data privacy laws for their residents. When will the TDPSA be effective?

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JD Supra Law

MAY 1, 2023

In the startup world, you're moving 100 miles an hour at all times, and data privacy rules aren't exactly high on the daily to-do list. Lucas Beal is an attorney at Hutchison PLLC who specializes in privacy and security, employment law, contract negotiation, and corporate law.

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Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. In its second paragraph the statement makes strong allusions to copyright law – the term ‘copyright’ is used only once throughout the entire text. Photo by Jonathan Kemper on Unsplash On 7 May 2024, Open AI published its approach to data and AI (ADAI).

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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.

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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.

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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.

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Technology & Marketing Law Blog

MAY 17, 2024

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well.

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LexBlog IP

AUGUST 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup , we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI.

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Olartemoure Blog

OCTOBER 3, 2023

Considering the above, the main basis for the processing by Meta of the referred data would be informed consent, granted through the acceptance of the service contract. What is Meta’s alleged non-compliance with the GDPR?

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LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business. reportAd: {.

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IP and Legal Filings

OCTOBER 14, 2022

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-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

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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.

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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.

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IP and Legal Filings

NOVEMBER 9, 2023

There are billions of people who are governed by the same set of territorial laws when it comes to administrative functions like taxes, contracts and even criminal offences. But, when it comes to personal laws regarding culture, the India constitution is very vast in terms of how it has laid down different rules for different cultures.

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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.

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LexBlog IP

AUGUST 17, 2023

Recently, the California Privacy Protection Agency (CPPA) announced its new initiative in investigating the data privacy practices of connected vehicle (CV) manufacturers and the related technologies. Consider whether your privacy policy has been updated for CCPA compliance. the precise geolocation of the CV).

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LexBlog IP

FEBRUARY 18, 2022

Porter Wright is proud to announce that international business and privacy & data security attorney Katja Garvey has been elevated to serve as chair of the firm’s International Business & Trade Practice Group. International business, and privacy and data security experience.

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Technology & Marketing Law Blog

NOVEMBER 9, 2024

The plaintiffs claim that IXL “collected and monetized the data of millions of school-age children who used the IXL platform without parental consent,” in violation of the ECPA and state law. IXL argued that, per the common law, parents authorize schools as their agents. IXL sought to send the case to arbitration.

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Olartemoure Blog

NOVEMBER 11, 2022

Cybersecurity Law. Data Security Law and Personal Information Protection Law. Other laws or administrative regulations may regulate the matter and must be complied with. Only the Personal Information Protection Law will be considered, which will be called “PIPL”. . 3 Article 3(c) of Law 1581 of 2012.

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LexBlog IP

FEBRUARY 10, 2023

By submitting the information to Verisk / ISO, the Complaint alleges that State Farm violated applicable state and federal law. Privacy is the control over knowledge about oneself.

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Technology & Marketing Law Blog

DECEMBER 27, 2022

“ Privacy. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. ” * Williams v. Not all uses of facial recognition are bad, but can we find a way to sort the good uses from the bad?

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JD Supra Law

OCTOBER 4, 2023

The laws that govern the metaverse are grounded in those of Planet Earth. Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Where the difference lies is in their application to a new environment.

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IPilogue

MARCH 24, 2022

Shayna Jan is an IP Intensive student and a 3L JD Candidate at Osgoode Hall Law School. One thing law school doesn’t teach is how to actually practice law. I also had the opportunity to explore new areas of law which I hadn’t considered before, such as privacy and anti-spam. Crazy, right?

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LexBlog IP

NOVEMBER 6, 2023

These new laws will become effective on January 1, 2024, and now is the time for employers to assess and revise their employment-related agreements and restrictive covenants accordingly. The two new laws are detailed below. Codified as Section 16600.5, to prevent the enforcement of the out-of-state non-compete within California. .”

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LexBlog IP

NOVEMBER 3, 2022

California law will soon require businesses to treat their employees and business partners as consumers under the California Consumer Privacy Act (CCPA). ” However, companies will need to think outside the box when responding to these requests. How Can You Prepare?

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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.

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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.

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LexBlog IP

OCTOBER 28, 2021

District Court for the District of Arizona seeking an injunction against a new law from taking effect. The new law increased privacy protections for consumers whose data are collected by car dealers and prevents database providers (such as CDK) from limiting access to dealer data by dealer-authorized third parties.

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LexBlog IP

JULY 16, 2021

The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. The Guidelines warn that a data processing contract should not merely restate the provisions of Article 28 GDPR.

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SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. The Celebrity Privacy Paradox : Continuing the discussion on the question in Part A under the “Reputation Paradox” sub-head, it is important to note that the above question exposes the inherent contradiction in many publicity rights claims.

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LexBlog IP

JULY 13, 2021

On July 1 st , the threshold requirements ramped up for Illinois schools and the software vendors that provide them services under the Illinois Student Online Personal Privacy Act (SOPPA). The law also requires schools to enter into contracts with each software vendor the school utilizes.

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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+?

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