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

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

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

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

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

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 111

Contracts Privacy Social Media Advertising 111

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 98

Privacy Contracts Marketing Marketing 98

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. Did model providers undertake content moderation (e.g.

Copyright 135

Copyright Ownership Social Media Licensing 135

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

Olartemoure Blog

NOVEMBER 11, 2022

This definition is specific and does not refer to other matters. Sensitive Data is defined as the personal data that affects the privacy of the Data Subject or whose inadequate use may lead to discrimination against the Data Subject. Colombia privacy regulations se publicó primero en OlarteMoure | Intellectual Property.

Privacy 52

Privacy Law Intellectual Property Business 52

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. This adds to the pile of failed account termination cases.

Contracts 119

Contracts Social Media Advertising Advertising 119

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Olartemoure Blog

OCTOBER 3, 2023

Considering the above, the main basis for the processing by Meta of the referred data would be informed consent, granted through the acceptance of the service contract. information about user’s browsing habits through trackers, cookies or plug-ins on third-party websites or platforms belonging to Meta). Our Experts Martha P.

Law 105

Law Privacy Contracts Marketing 105

Kluwer Copyright Blog

APRIL 15, 2024

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. Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement).

Licensing 105

Licensing Social Media Contracts Privacy 105

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. which follow and have codified legislation on publicity rights in general for sports.

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. She also pointed to anecdotal references by JLM employees to the accounts as Ms. Do Employers Own LinkedIn Groups Created By Employees?–CDM

Social Media 119

Social Media Ownership Business Branding 119

IP and Legal Filings

MARCH 10, 2023

[i] The primary objective behind such a regulation is to deal with new and emerging challenges in digital lending landscape such as unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices used by lending platforms.

Privacy 98

Privacy Marketing Marketing Reporting 98

The IPKat

AUGUST 9, 2021

On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. The court narrowly ruled the case as an individual breach of contract between Guo and the park due to lack of consent, ordering the park to delete Guo’s data and pay him a certain amount of money as compensation.

Technology 128

Technology Privacy Law Litigation 128

IP and Legal Filings

AUGUST 10, 2024

It talks about the matters like employment being at stake, efficiency and transparency, worker privacy, inclusive technological adoption and collective bargaining in contemporary world. The labour contract that unites a union representing employees and the employer, or management. REFERENCES India Population (2024) – Worldometer.

Social Media 94

Social Media Privacy Technology Contracts 94

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. Use a bigger font.

False Advertising 98

False Advertising Government Privacy Designs 98

43(B)log

FEBRUARY 18, 2022

Goodman: Startup Law clinic: incorporation, TM, contract formation. FDA, HIPAA, privacy, patents, FAA drone rules, etc. Contract w/MIT: obligated to help every student who comes to us. If a client needs something sooner, we refer out; supervisors can also recognize a crisis. Gets you in and gets you started.

IP 61

IP Contracts Business Privacy 61

SpicyIP

JANUARY 2, 2022

Citing the agreement, the defendant requested the suit to be referred to an arbitration. Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus.

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

SpicyIP

JULY 27, 2021

It seeks to protect and expand the right to freedom of speech, right to dignity and equality, right to assembly and association, and the right to privacy in the digital age, through rigorous academic research, policy intervention, and capacity building.

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Government Editing Privacy Technology 105

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

Law 97

Law Art Privacy Government 97

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Normally trademark owners aren’t third-party beneficiaries of that contract. Who Cares About Privacy? The WHOIS system has collapsed due to the GDPR, which exposed how the WHOIS system was highly privacy-invasive. The SHOP SAFE Act doubles down on privacy invasions in two ways. Why Would Anyone Support This Bill?

Trademark 144

Trademark False Advertising Advertising Advertising 144

Michael Geist

MARCH 21, 2023

That response was once called a business choice by Canadian Heritage Minister Pablo Rodriguez, but is now referred to as intimidation and subversive. They are both considering stopping news sharing or linking to news in order to comply with the bill’s obligations, which mandate payments for links or require companies to stop linking.

Government 132

Government Journalism Contracts Branding 132

SpicyIP

JULY 19, 2021

She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Conflicts on unauthorized biopics (for example, Fred Astaire , Gene Kelly , Sushant Singh Rajput ), unreleased works, endorsements, holographic tributes etc.,

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

Trading Secrets

FEBRUARY 6, 2023

to 2:00 p.m. This webinar is accredited for CLE in CA, IL, NJ, and NY.

Litigation 64

Litigation Privacy Contracts Government 64

Technology & Marketing Law Blog

JANUARY 24, 2024

Over time, “Promotional posts were interspersed with more personal content, in a strategy that JLM referred to as the ‘personal glimpse,'” and other JLM employees helped manage the accounts. Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM

Social Media 105

Social Media Ownership Designs Design 105

Kluwer Copyright Blog

JULY 11, 2024

Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. A dispute in Malta can be referred to the Copyright Board, and one in the Netherlands , to the Dispute Committee. While it is art.

Publishing 81

Publishing Art Journalism Copyright 81

LexBlog IP

MAY 9, 2022

In fact, the labor market is so fluid that pundits and experts often refer to it as the “Great Resignation.” For example, many employers do not know they may still be liable for interference with an unenforceable contract when hiring an employee subject to a restrictive covenant like a non-compete. Progressive N.

Contracts 52

Contracts Law Marketing Marketing 52

Art Law Journal

AUGUST 18, 2022

A model release form is basically a short-form contract between the artist (or other hiring parties) and the model. Contract requirements vary from state to state, but in general, the model release form should ask for permission to use the person’s likeness, 1) for a specified purpose and 2) for a defined duration. . GOVERNING LAW.

Publishing 85

Publishing Art Contracts Artwork 85

IP and Legal Filings

MAY 29, 2022

Misappropriation refers to the extraction of trade secrets by another company through misappropriated ways. Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. If this contract is desecrated, hefty penalties area unit bound to be charged to the vitiator.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

IP and Legal Filings

AUGUST 19, 2022

A database is a term used to refer to a group of data that has been methodically organized and recorded, either on paper or on any other type of electronic medium, like a computer. Every Indian citizen has the fundamental right to liberty and the right to privacy thanks to the protections provided by Article 21 of the Indian Constitution.

Copyright 52

Copyright Database Right Privacy Technology 52