Contracts, Litigation, Privacy and Social Media

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Technology & Marketing Law Blog

JUNE 14, 2024

There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.

Social Media

Social Media Publishing Designs Design

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See The court also found “Ms.

Social Media

Social Media Ownership Branding Brands

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

Social Media

Social Media Ownership Designs Design

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

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

Litigation Contracts Advertising Advertising

The Digital Age of Journalism: My Placement at “The Globe and Mail”

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism

Journalism Privacy Contracts IP

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. See generally, Christopher A.

Social Media

Social Media Contracts Ownership Business

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

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. The parties have vigorously litigated this case.

Contracts

Contracts Privacy Social Media Advertising

My “Summer” 2022 Activities

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

Editing Social Media Blogging Advertising

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

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.

Contracts

Contracts Social Media Advertising Advertising

using testimonials post-relationship failure can be a ROP problem

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. The invasion of plaintiff’s right to privacy constitutes the harm, entitling plaintiff to recover for all damage caused by the invasion. COY hired MG to develop COY’s subscription platform.

Web Development

Web Development Social Media Copying Copyright

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media

Social Media Law Blogging Publishing

Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights

Moral Rights Fair Use Art Social Media

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Technology & Marketing Law Blog

DECEMBER 27, 2022

2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. “ Privacy. * ” * Williams v.

Privacy

Privacy Marketing Marketing Social Media

Transatlantic Dialogue Workshop, Institute for Information Law (IViR), Amsterdam Law School Part 1: Overarching Questions

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. Leistner: might compare amount of litigation under different regulations, directives.

Law

Law Privacy Litigation Social Media

2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. A special note about customer data.

IP

IP Intellectual Property Social Media Cease and Desist

Announcing the 2023 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing

Editing Law Contracts Privacy

WIPIP 2022, Session 3 (ROP/TM, (c) fair use)

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use

Fair Use Contracts Litigation Copying

A Look Back at India’s Top IP Developments of 2021

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP

IP Intellectual Property Copyright Trademark

Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media

Social Media Ownership Contracts Privacy

Texas Enacts Social Media Censorship Law to Benefit Anti-Vaxxers & Spammers

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. Undeterred by Florida’s futility (and perhaps envious of it?),

Social Media

Social Media Law Publishing Government

2023 Quick Links: Leftovers

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Consumer Reviews * Route App, Inc.

Social Media

Social Media Privacy Advertising Advertising

Quick Links from the Past Year, Part 8 (Editorial Transparency)

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media

Social Media Reporting Government Law

2022 Internet Law Year-in-Review

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. The opinion upheld every aspect of Texas’ social media censorship law. It also puts users’ privacy and security (including minors’!) at greater risk.

Law

Law Social Media Government Privacy

Intellectual Property Pulse

Court Dismisses School Districts’ Lawsuits Over Social Media “Addiction”–In re Social Media Cases

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Trending Sources

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

The Digital Age of Journalism: My Placement at “The Globe and Mail”

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

My “Summer” 2022 Activities

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

using testimonials post-relationship failure can be a ROP problem

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Transatlantic Dialogue Workshop, Institute for Information Law (IViR), Amsterdam Law School Part 1: Overarching Questions

2023 IP Resolutions Start with a Review of IP Assets

Announcing the 2023 Edition of My Internet Law Casebook

WIPIP 2022, Session 3 (ROP/TM, (c) fair use)

A Look Back at India’s Top IP Developments of 2021

Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

Texas Enacts Social Media Censorship Law to Benefit Anti-Vaxxers & Spammers

2023 Quick Links: Leftovers

Quick Links from the Past Year, Part 8 (Editorial Transparency)

2022 Internet Law Year-in-Review

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