Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

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. These basic principles “apply with equal force to contracts formed online.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 112

Contracts Designs Design Law 112

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

There are significant overlaps and considerations to think of with the roll-out of a privacy policy, consumer protection laws, and a range of different agreements including those related to advertising, purchase and sale, events, and content production freelancer rights.

Journalism 80

Journalism Privacy Contracts IP 80

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

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

Traverse Legal Blog

MARCH 6, 2024

This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology. We have witnessed this groundbreaking technology with Meta’s unveiling of interactive chatbots modeled after renowned celebrities such as Tom Brady, MrBeast, and Snoop Dogg.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

LexBlog IP

MARCH 6, 2024

This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology. We have witnessed this groundbreaking technology with Meta’s unveiling of interactive chatbots modeled after renowned celebrities such as Tom Brady, MrBeast, and Snoop Dogg.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

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. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

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 93

Blogging Contracts Copyright Law Copyright 93

The IPKat

APRIL 22, 2024

Summer Course on European Information Technology Law Online, 9-13 September 2024 This course will provide a thorough introduction to European information technology law and internet regulation in the European Union.

Intellectual Property Law 60

Intellectual Property Law Intellectual Property IP Litigation 60

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 85

Contracts Privacy Blogging Litigation 85

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 106

Contracts Privacy Social Media Advertising 106

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. ” OK boomer.

Privacy 92

Privacy Contracts Marketing Marketing 92

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. Uber Technologies, Inc.

Blogging 102

Blogging Contracts Law Privacy 102

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 26, 2023

If Chegg’s cease-and- desist specifically outlawed continued access to Chegg’s solutions through free trial accounts and Chegg imposed technological barriers to stop Homeworkify from doing so, and Homeworkify continued to access Chegg content in this manner, Power Ventures teaches that this may very well constitute a CFAA violation.

Cease and Desist 88

Cease and Desist Blogging Contracts Privacy 88

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. 12–Tech.

Public Domain 59

Public Domain Contracts Copyright Licensing 59

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

The IP Law Blog

MAY 4, 2023

The legal battle involved “a multi-trillion dollar technology company” (Apple) versus “a multi-billion dollar video game company” (Epic). 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 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

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Although Meta contends that it posted its term updates on users’ Facebook pages, there is no indication that those terms related to anything other than privacy concerns. Meta Platforms, Inc. 2023 WL 7325109 (N.D.

Trademark 94

Trademark Contracts Blogging Fair Use 94

Technology & Marketing Law Blog

MARCH 23, 2022

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)”. appeared first on Technology & Marketing Law Blog. PeopleConnect, Inc. , 21-16040 (9th Cir. March 18, 2022). Facebook ”. Facebook.”.

Privacy 102

Privacy Contracts Personality Rights Litigation 102

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. ” What user interactions or technological restrictions are sufficient to create a “permission requirement”?

Cease and Desist 112

Cease and Desist Contracts Privacy Business 112

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. ” This is a highly defense-favorable reading of the contract provision. Apple appeared first on Technology & Marketing Law Blog. ” Oops.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

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. In addition, Data Privacy is an essential component of our digital economy and should not be overlooked by businesses of any stage or size. Stan Sater is a corporate and technology attorney at Founders Legal.

Privacy 52

Privacy Intellectual Property Contracts Business 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim. ” The three hyperlinks were in a blue font that stood out from the other grey font on the page. LEXIS 23688 (S.D.

Contracts 75

Contracts Advertising Advertising Privacy 75

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. Meta Platforms, Inc., 2022 WL 4372349 (N.D.

Contracts 94

Contracts Social Media Advertising Advertising 94

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 119

Blogging Law Contracts Cease and Desist 119

BYU Copyright Blog

NOVEMBER 2, 2023

Pima is a public community college located in Tucson, Arizona, and it specializes in providing technical-vocational courses to students across various fields of applied technology, including aerospace, defense, and healthcare.On Edip Yuksel (“Yuksel”), a former employee of 23 years. Complaint at 5-6).Furthermore,

Privacy 40

Privacy Copyright Infringement Copyright Contracts 40

JIPEL Copyright Blog

MARCH 9, 2022

A collaboration between the AGO and Toronto-based digital artist Alex Mayhew, ReBlink sought to exploit cutting-edge technology to provide AGO visitors an opportunity to experience its Canadian and European Collections in an entirely new way. There are clear advantages to the use of these technologies in the museum context.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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 started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 96

Publishing Government Contracts Law 96

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Christou v.

Social Media 81

Social Media Ownership Designs Design 81

LexBlog IP

MAY 4, 2023

The legal battle involved “a multi-trillion dollar technology company” (Apple) versus “a multi-billion dollar video game company” (Epic). 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 52

Marketing Marketing Privacy Contracts 52