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. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel. Don’t worry!

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch? Handle, Inc.,

Advertising 122

Advertising Advertising Contracts Social Media 122

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. It would have been trivially easy to implement a proper if/then statement on the card back, or even reference the arbitration clause. This case involves Walmart gift cards. Zeidenberg and the 23andMe litigation.

Contracts 116

Contracts Litigation Blogging Law 116

Michael Geist

DECEMBER 3, 2024

The companies aren’t hiding the ball as there are repeated references along the lines of “ at all times, Open AI was and is well aware of its obligations to obtain a valid licence to use the Works. It has already entered into licensing agreements with several content creators, including other news media organizations.”

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. The jury ruled that the tattoo wasn’t substantially similar to the photo, which is a remarkable conclusion given the intentionally high degree of similarity between the tattoo and the photo used as a reference.

Licensing 98

Licensing Copyright Blogging Fair Use 98

Kashishipr

FEBRUARY 16, 2022

Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Understanding the IP License. Creating the IP Licensing Agreement.

Licensing 98

Licensing Business IP Ownership 98

Technology & Marketing Law Blog

DECEMBER 23, 2022

Fitbit’s alleged failure to include the Terms of Service or reference to the Terms of Service in the packaging of its devices does not negate this notice.” 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.”

Contracts 98

Contracts Privacy Registration Government 98

Traverse Legal Blog

JANUARY 29, 2022

One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. “These platforms are not providing any license language for the actual asset attached to the NFT.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it.

Licensing 111

Licensing Copying Blogging Copyright 111

Velocity of Content

DECEMBER 14, 2023

The Annual Copyright License (ACL) from CCC helps minimize an organization’s infringement risk by providing a consistent set of global reuse rights across millions of publications from thousands of rightsholders that complements existing publisher agreements, subscriptions, and other content purchases.

Licensing 98

Licensing Copyright Publishing Journalism 98

Plagiarism Today

APRIL 20, 2022

For much of the web’s recent history, we scraping commonly referred a technique through which spammers would copy content from a website and republish it, either rewritten or verbatim. Copyright and breach of contract are just two other areas to consider. Where Does This Leave Us. That is true no matter what the headlines say.

Licensing 290

Licensing Government Copyright Plagiarism 290

IIPRD

MARCH 13, 2025

Intellectual Property refers to any intangible asset or property originated from the human intellect. Copyright Copyright refers to the exclusive rights granted to the authors or performers for their original work or performance like book, film, paintings, compute programmes, etc. For that, first let us understand what are IP and IPR.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. The court explains: In Lee, the court found the Terms of Use sufficiently conspicuous even though they were referred to as part of a broader payment screen. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog.

Contracts 98

Contracts Law Reporting Blogging 98

TorrentFreak

MAY 11, 2023

was banned and then signed up for a new account, he agreed to Bungie’s Limited Software License Agreement with no intent to comply with it; fraud according to Bungie. has the right to disaffirm any contract within a reasonable time of becoming an adult. With no enforceable contract between L.L. ’s license.

Derivative Work 143

Derivative Work Contracts Licensing Copyright Infringement 143

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. OpenAI expresses that it believes that learning constitutes fair use (see here ), referring to (unnamed) legal precedents, and implying that machine learning is equivalent to human learning processes (which it arguably is not, see here ).

Contracts 84

Contracts Copyright Publishing Business 84

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. ” [The court is referring to the call-to-action here.]. Just rewriting the call-to-action to cross-reference the “done” button would have ameliorated this point a lot. Don’t do that.

Contracts 125

Contracts Registration Designs Design 125

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

IIPRD

OCTOBER 16, 2024

There are various laws in India that govern IPR and gaming laws, but the primary law are Patents Act, of 1970 , Trademark Act, of 1999 and Indian Contract Act, of 1872. Licensing of their games are also controlled under Copyright only. Reference: The Law Tree.

Intellectual Property 59

Intellectual Property Graphic Design Trademark Copyright 59

Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kashishipr

FEBRUARY 23, 2022

In times past, IP Protection was primarily based on retaining the knowledge possessed by people within a team by using mechanisms like contracts and agreements to prevent employees from leaving the company and joining the competitors in the market. Licensing In & Licensing Out IP Assets As Per Needs & Opportunities.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

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) What is Open Source AI Open source AI refers to the use of open source components within an AI model, i.e. elements composing the AI model (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 105

Licensing Social Media Contracts Privacy 105

Technology & Marketing Law Blog

JULY 22, 2022

This covers the breach of contract claim too. The court says Rangel would lose even without reference to Section 230. Contract breach. . “his claims derive entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” Cite to King v. Prima Facie Case.

Contracts 116

Contracts Publishing Blogging Marketing 116

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 135

Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 145

Privacy Law Contracts Designs 145

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). Furthermore, procedural safeguards ( Quintais et al.,

Copyright 126

Copyright Art Licensing Contracts 126

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

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 98

Copyright Contracts Copying Licensing 98

Traverse Legal Blog

MARCH 3, 2021

Risks for all stakeholders include FTC Part 255 regulations for endorsements and influencer contract drafting and, in this game, one of the things we’re going to be talking about is, you know, intellectual property. The Difference Between An Endorsement & A License. Copyright Licensing as a Form of Permission.

Marketing 81

Marketing Marketing Branding Branding 81

TorrentFreak

AUGUST 11, 2022

This meant that the matter was referred back to the Federal Claims court, to determine the appropriate damages amount. In Mr. Kennedy’s view, the hypothetical negotiation between the Navy and Bitmanagement would have resulted in a price of up to $200 per license for just 579 licenses.

Copying 144

Copying Copyright Infringement Government Licensing 144

The IPKat

OCTOBER 28, 2021

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 75

Contracts Licensing Business Blogging 75

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. The New York Times was not allowed legally to license the works of the journalists who were in the newspaper on a freelance basis.

Ownership 97

Ownership Copyright Trademark Contracts 97

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

Contracts 52

Contracts Law Copyright Intellectual Property 52

Technology & Marketing Law Blog

JUNE 10, 2024

Note: The majority opinion doesn’t expressly reference Uber’s post-Kauders vulnerability, but the dissent says: “It is undisputed that as a consequence of Kauders, no enforceable contract existed between Good and Uber before the evening of April 25, 2021.” In fact, per Kauders, Uber had no TOS at all to update.

Contracts 98

Contracts Marketing Marketing Blogging 98