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Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

Technology & Marketing Law Blog

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. 3d at 10861.

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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

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. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.”

Contracts 119
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Viral TikTok Music Trends as Low-Cost Marketing – Who gets to choose how and when a song is released?

IPilogue

Big-name celebrities like Halsey and Florence Welch of the indie rock band Florence and the Machine have taken to TikTok to discuss their discontent with the new marketing approach of creating viral TikTok audios as promotion. Common contract terms found in recording agreements include rights granted, producer royalties, and promotions.

Music 118
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CMA Releases Report on Music Streaming Market

IPilogue

On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming. Moreover, competition between music streaming services and the digitization of the market improved consumer outcomes greatly, though creators still had concerns about their earnings from streaming.

Music 105
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Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Technology & Marketing Law Blog

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. Many people think this is true.

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3 Count: ACTing Fast

Plagiarism Today

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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

Technology & Marketing Law Blog

Marketing. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. FTC cracks down on live reads on the radio. * NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. Comptroller , No. C-02-cv-02-10509 (Md. Turtle Island Foods SPC v. . *

Privacy 116