Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

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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.

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Contracts Designs Design Law 119

Intepat

DECEMBER 5, 2024

Smart contracts, a technology popularized by blockchain, offer a new approach to managing these transactions. Unlike traditional contracts , smart contracts are self-executing programs on a blockchain that automatically enforce terms when predetermined conditions are met. In the U.S.,

Contracts 52

Contracts Licensing IP Privacy 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

“ Privacy. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. ” * Williams v. . * NY Times : Clearview AI, Used by Police to Find Criminals, Now in Public Defenders’ Hands.

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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.

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Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

JULY 9, 2024

The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. ” In a footnote, the court adds “we do not address the district court’s determination that Section 230 bars the invasion of privacy claim.” My prior blog post. Case Citation : Lloyd v.

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Contracts Privacy Blogging Publishing 98

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

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Privacy False Advertising Contracts Advertising 144

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” What does the court want to see in the “to” field…? ” * Doe v.

Contracts 98

Contracts Law Reporting Blogging 98

IPilogue

MARCH 24, 2022

I also had the opportunity to explore new areas of law which I hadn’t considered before, such as privacy and anti-spam. With that said, contracts should be clearly written, without legal jargon, to avoid litigation.

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Contracts IP Privacy Law 105

IP Law 360

FEBRUARY 15, 2024

As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

Contracts 52

Contracts Intellectual Property Privacy IP 52

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. However, OpenAI then states that it ‘[feels] that it’s important we contribute to the development of a broadly beneficial social contract for content in the AI age.’

Contracts 78

Contracts Copyright Publishing Business 78

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

TorrentFreak

FEBRUARY 7, 2023

Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. Bungie’s own privacy policy didn’t allow the company to access files on Mr. May’s personal computer surreptitiously, let alone download any of its contents. This attempt was more successful.

Contracts 144

Contracts Privacy Copyright Infringement Copyright 144

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.

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Contracts Privacy Blogging Litigation 105

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Kluwer Copyright Blog

MARCH 4, 2024

This case reveals the important differences between the US Law and the European Union (EU) (and United Kingdom (UK)) Law under several points of view: criminal law, privacy/data protection law, intellectual property (IP) rights (and sui generis rights), and even law of contracts.

Privacy 55

Privacy Law Journalism Intellectual Property 55

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts 52

Contracts Business Confidentiality Privacy 52

JD Supra Law

MAY 1, 2023

In the startup world, you're moving 100 miles an hour at all times, and data privacy rules aren't exactly high on the daily to-do list. Lucas Beal is an attorney at Hutchison PLLC who specializes in privacy and security, employment law, contract negotiation, and corporate law. But what happens if you're not compliant?

Privacy 52

Privacy Contracts Law 52

IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

Contracts 52

Contracts Business Technology Law 52

IPilogue

SEPTEMBER 15, 2021

Tasks I completed in this way included preparing intellectual property searches, producing memos exploring legal issues, redlining contracts, updating privacy policies, and drafting IP claims. In this way, I conducted training sessions, helped update the privacy policy, and assisted with contract drafting, review, and negotiation.

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Business Intellectual Property Privacy Contracts 105

IPilogue

DECEMBER 14, 2021

In the lawsuit, Miramax alleges several causes of action, including breach of contract, copyright infringement, and trademark infringement. The sale is said to be for a new type of “secret NFTs” with programmable privacy features that allow the owner to withhold certain content from being publicly available.

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Non-Fungible Tokens Contracts Registering Trademarks Intellectual Property 111

LexBlog IP

FEBRUARY 18, 2022

Porter Wright is proud to announce that international business and privacy & data security attorney Katja Garvey has been elevated to serve as chair of the firm’s International Business & Trade Practice Group. International business, and privacy and data security experience.

Privacy 52

Privacy Business Law Contracts 52

Traverse Legal Blog

MARCH 1, 2023

Data Privacy & Security Issues Your SaaS Company Needs to Think About Every employee and department in your SaaS company interacts with different personal data and vendors with which you share personal data. The controller gets to decide what happens to it and what doesn’t happen to it by contract or otherwise.

Privacy 52

Privacy Contracts Web Development Designs 52

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 111

Contracts Privacy Social Media Advertising 111

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. By guest blogger Kieran McCarthy.

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Blogging Contracts Law Privacy 116

SpicyIP

JULY 13, 2021

The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. In determining whether the deceased possessed personality rights enforceable by his heirs, the court based its reasoning on the intertwining between privacy and publicity rights.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31]. See paragraphs 47 and 55.

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Privacy Personality Rights Advertising Advertising 97

LexBlog IP

AUGUST 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup , we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI.

Privacy 52

Privacy Law Business Higher Education 52

Michael Geist

MARCH 31, 2023

His privacy legislation has languished for months and he has been entirely missing on digital policy, where fishing expeditions such as the one involving Bill C-18 are likely to make companies reticent about entering the Canadian market.

Government 145

Government Contracts Marketing Marketing 145

LexBlog IP

JULY 16, 2021

The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. The Guidelines warn that a data processing contract should not merely restate the provisions of Article 28 GDPR.

Contracts 52

Contracts Publishing Reporting Privacy 52

Intellectual Property Law Blog

OCTOBER 30, 2023

The Executive Order covers several important issues but fails to address other significant issues. Digital Service, U.S. Digital Corps, and Presidential Innovation Fellowship.

Privacy 130

Privacy Government Copyright Technology 130

JD Supra Law

OCTOBER 4, 2023

Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. The laws that govern the metaverse are grounded in those of Planet Earth. Where the difference lies is in their application to a new environment.

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Privacy Contracts Government IP 83

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

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Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

OCTOBER 16, 2022

The plaintiff alleged negligence, negligent infliction of emotional distress, and invasion of privacy based on third-parties posting her private information and allowing users to threaten her with murder and rape. ” Contract Breach. ” Section 230. Facebook qualifies for Section 230: ICS Provider. Yes, citing Cross v.

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Government Privacy Blogging Publishing 111

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. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops.

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False Advertising Privacy Publishing Advertising 143

LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

Privacy 52

Privacy Law Business Editing 52

IPilogue

JANUARY 16, 2023

Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra. From privacy to protecting against misappropriation, data practices demand multiple layers of legal and operational consideration.

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IP Intellectual Property Law Intellectual Property Privacy 103