Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. 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.

Litigation 105

Litigation Contracts Advertising Advertising 105

Traverse Legal Blog

APRIL 6, 2022

” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

Licensing 98

Licensing Trademark Contracts Branding 98

Plagiarism Today

MAY 18, 2022

However, that prompted the Public Citizen Litigation Group to step in. According to NetEase, Tencent, through its QQ Music streaming platform, has violated a contract with them by streaming music in provinces where QQ has no license to do so. The post 3 Count: AI Challenges appeared first on Plagiarism Today.

Music 199

Music Licensing Plagiarism Copyright 199

Technology & Marketing Law Blog

DECEMBER 23, 2022

This outcome is consistent with other “Internet of Things” cases, such as the 23andMe litigation (and, in a sense, the ProCD v. BONUS: Additional contracts links from the past six months. Applying the Ninth Circuit’s Berman case , the court says Uber’s contract formation was a “browsewrap.” Zeidenberg case from way back when).

Contracts 98

Contracts Privacy Registration Government 98

Patently-O

MARCH 18, 2024

The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense.

Licensing 80

Licensing Patent Patent Infringement Litigation 80

Velocity of Content

JANUARY 31, 2023

I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,

Licensing 98

Licensing Fair Use Journalism Publishing 98

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. In re: StubHub Refund Litigation , No. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. This legal standard ensures lots of meritless litigation.

Contracts 98

Contracts Law Reporting Blogging 98

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things.

Marketing 137

Marketing Marketing Contracts Business 137

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). Learn more about NFT licensing.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 136

Contracts Registration Litigation Copying 136

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

LexBlog IP

NOVEMBER 30, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. The ongoing district court litigation was dismissed with prejudice. Qualcomm Inc. , No 20-1683 (Fed. Patent Nos.

Settlement 52

Settlement Licensing Litigation Art 52

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Patently-O

MARCH 7, 2022

” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. This includes name, SSN, DOB, Driver’s License, etc. The current/former employees sued in a nationwide class action alleging negligence, breach of implied contract, breach of fiduciary duty, and unjust enrichment.

Privacy 118

Privacy Contracts Licensing Litigation 118

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 133

Contracts Publishing Licensing Editing 133

Technology & Marketing Law Blog

OCTOBER 11, 2022

It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. ” Explicitly misleading: Saber argued that videogame players expect that game manufacturers have licensed any actual vehicles depicted in the simulation (boo). ” Implications.

Licensing 140

Licensing Marketing Marketing Design 140

IPilogue

JUNE 14, 2022

Shamrock Investments, who acquired Swift’s master recordings from Ithaca in 2020, are in an increasingly tenuous position: Swift has precluded them from licensing to ad agencies, films, and tv shows, and where they do license, Swift receives royalties in those cases.

Music 119

Music Contracts Licensing Ownership 119

Patently-O

FEBRUARY 7, 2023

Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Monsanto’s original patents on genetically modified plants have all expired. Bayer CropScience LP v. Pierce, Docket No.

Litigation 75

Litigation Patent Patent Infringement Contracts 75

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed.

Licensing 133

Licensing Fair Use Blogging Copyright 133

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. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” 2-28-2024_2277625.

Licensing 52

Licensing Contracts Patent Law Patent 52

IP Watchdog

NOVEMBER 16, 2021

In 2007, Rohm Japan and MaxPower Semiconductor entered into a technology licensing agreement (TLA). District Court for the Northern District of California that compelled arbitration and dismissed Rohm Semiconductor USA’s declaratory judgment action without prejudice, holding that an arbitrator must determine arbitrability.

Contracts 69

Contracts Licensing Technology Law 69

Technology & Marketing Law Blog

JULY 10, 2021

Represented by Maria Cristina Armenta and Credence Elizabeth Sol, best known for litigating an ultimately unsuccessful censorial “Innocence of Muslims” lawsuit against YouTube, Daniels brought a routine “YouTube-is-censorsing-me” lawsuit seeking to impose must-carry obligations on YouTube.

Contracts 126

Contracts Blogging Litigation Marketing 126

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc. Finjan Software, Inc.,

Licensing 52

Licensing Contracts Litigation Technology 52

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

“Alexander testified that she had never licensed her tattoos for video games or any other medium. Defense expert James Malackowski also provided unrebutted testimony that a market for licensing tattoos in videogames does not exist and was unlikely to be developed.” Case Citation : Alexander v. 3:18-cv-00966-SMY (S.D.

Copyright 116

Copyright Fair Use Licensing Blogging 116

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 105

Contracts Privacy Blogging Litigation 105

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 131

Blogging Law Contracts Cease and Desist 131

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g.

Copyright 131

Copyright Ownership Social Media Licensing 131

Technology & Marketing Law Blog

JUNE 5, 2024

In February, Meta lost on Partial Summary Judgment against Bright Data on its breach of contract claim. had its breach of contract and CFAA claims against the Center for Countering Digital Hate (“CCDH”) dismissed at the motion to dismiss stage. Here, the court muddles the various contract formation standards. No, it does not.

Blogging 97

Blogging Contracts Social Media Technology 97

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 145

Contracts Publishing Law Government 145

Technology & Marketing Law Blog

JULY 14, 2023

You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant.

Contracts 98

Contracts Blogging Litigation Licensing 98

BYU Copyright Blog

NOVEMBER 15, 2021

According to the complaint, Charming Beats discovered the Video posted by Wasatch Academy only after contracting a third party to assist the company in identifying infringing works. Finally, Charming Beats asserts that Wasatch Academy violated the DMCA by failing to "include any identifying information in the.

Copyright Infringement 98

Copyright Infringement Copyright Music Licensing 98

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. We have previously observed the importance of notice in the analogous context of electronic consumer contracts.

Contracts 105

Contracts Copying Technology Licensing 105

Technology & Marketing Law Blog

JUNE 12, 2024

Its main substantive terms: (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. (2) Civil Code 1670.8.

Law 75

Law Contracts Litigation Business 75

Traverse Legal Blog

FEBRUARY 22, 2022

These issues include drafting your short-term rental contract, local rental laws and regulations, the terms of service with the platforms such as Airbnb, VRBO and Booking.com and defamatory ratings and reviews which affect your reputation. Some cities now require you to obtain a business license or a special permit for vacation rentals.

Law 97

Law Contracts Business Litigation 97