Technology & Marketing Law Blog

NOVEMBER 29, 2021

Thus, it would compel those platforms to disseminate anything and everything with a “viewpoint,” including pro-Nazi speech, medical misinformation, terrorist propaganda, and foreign government disinformation. This kind of argumentation is how a government actor disingenuously repackages censorship. Amicus Briefs. Text of HB 20.

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Social Media Law Television Reporting 114

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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Designs Design Social Media Privacy 57

Plagiarism Today

FEBRUARY 2, 2022

1: Sony Music Ends Copyright Fight with Gymshark Over Social Media Posts. First off today, Blake Brittain at Reuters reports that Sony Music and UK fitness apparel brand Gymshark have settled their lawsuit over Gymshark’s alleged use of Sony’s music in social media posts. However, the U.S.

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Social Media Music Settlement Plagiarism 200

LexBlog IP

MARCH 8, 2024

How the AADC Came to Be With a growing number of children using the Internet, and the rising number of hours children spend online, federal and state governments try to protect these children from the harms of Internet use, by limiting the collection and use of their data as well as by limiting the content to which the minors are exposed.

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Designs Design Social Media Privacy 52

Michael Geist

DECEMBER 7, 2022

Despite repeated assurances from the government that “users are out, platforms are in”, the reality is that the bill kept the door open to regulating such content. ii) is required to be registered with the Commission but does not provide a social media service. The language in the bill is clear: Section 4.2

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Government Social Media Music Copyright 92

Michael Geist

APRIL 20, 2023

With Bill C-11 in the final stretch – Senate approval could come this week – the government finally provided a more detailed explanation for rejecting the Senate’s user content regulation fix. It is sad that as the bill nears passage, the government doesn’t seem to understand or misleads on the impact of its own legislation.

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Government Social Media Law Music 97

Michael Geist

OCTOBER 23, 2023

The government has yet to release its final regulations for the Online News Act , but recent comments from News Media Canada seemed to suggest that it is hoping to find common ground with Google , stating that it supports the company’s proposed amendments to Bill C-18 draft regulations.

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Social Media Editing Government Law 131

Michael Geist

MAY 16, 2024

For those new to the bill, the government has called it “fundamentally flawed” since it contemplates measures that raise privacy concerns through mandated age verification technologies, website blocking, and extends far beyond pornography sites to include search and social media.

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Social Media Privacy Government Reporting 98

Technology & Marketing Law Blog

JANUARY 18, 2024

7) Governments loot Google and Facebook under the pretense of “saving” journalism. The term “link taxes” refer to the government compulsion of large Internet services, such as social media or search engines, to pay news media for indexing and publishing their headlines and links.

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Law Social Media Advertising Advertising 104

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. The idea is that society benefits from more, and better, innovation if innovators don’t need the government’s approval. This is unfortunate because those bills can harbor ill-advised policy ideas. Newsom ) is an example of such a bill.

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Designs Design Privacy Business 111

Michael Geist

DECEMBER 14, 2023

But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention. The bill, which is the brainchild of Senator Julie Miville-Duchêne , is not a government bill.

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Law Social Media Government Privacy 145

Michael Geist

APRIL 7, 2022

In doing so, it eviscerates the claim that there is a tangible connection between the requirement to pay for the value of news articles on social media and search platforms (called digital news intermediaries or DNI’s in the bill). Millions of Canadians choose to access media through search and social media.

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Social Media Government Designs Design 144

Plagiarism Today

JANUARY 25, 2022

According to their filing, the section of the Digital Millennium Copyright Act (DMCA) that governs such subpoenas doesn’t just apply to web hosts, but also to internet service providers like Centurylink. 3: Australian Government Buys Copyright to Aboriginal Flag in $20m Deal. The flag was designed in 1971 by artist Harold Thomas.

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Social Media Government Plagiarism Copyright 130

Technology & Marketing Law Blog

APRIL 3, 2024

When installed on a car, they suppress or bypass emission controls designed to protect the environment. The US government brought a civil lawsuit against the defendants for 203 violations. The US government brought a civil lawsuit against the defendants for 203 violations. It doesn’t work. Publication of Third-Party Content.

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Social Media Government Designs Design 77

Michael Geist

JULY 11, 2024

I open by noting that the Canadian government’s efforts to regulate big tech companies sometimes feels like a series of high-stakes poker matches in which the government foolishly bets that readily apparent risks can be ignored. government. government threat is just a bluff. government threat is just a bluff.

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Government Social Media Advertising Advertising 63

Plagiarism Today

APRIL 7, 2022

government passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act). The website features information about the CCB, updates on the process, and users can register a CCB Designated Service Agent to receive notices and communication from the CCB. This includes works originally uploaded to social media.

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Copyright Social Media Copyright Law Licensing 183

43(B)log

JULY 20, 2023

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” The government can show either falsity/misleadingness or lack of substantiation to prevail.

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Government Advertising Advertising Social Media 52

Technology & Marketing Law Blog

AUGUST 2, 2022

Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. What the Bill Says.

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Social Media Privacy Designs Design 87

Michael Geist

FEBRUARY 26, 2024

After years of delay, the government tabled Bill C-63, the Online Harms Act , earlier today. My immediate response to the government materials was that the bill is significantly different from the 2021 consultation and that many of the worst fears – borne from years of poorly thought out digital policy – have not been realized.

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Social Media Government Privacy Reporting 138

43(B)log

FEBRUARY 2, 2024

Disclosure to the government has risks for the trade secret owner; Elizabeth Rowe notes that the risk falls on the owner. Disclosure is not the same thing as transparency: having the trade secret doesn’t mean understanding it—it’s just turning a black box over to the government. But it’s narrow protection b/c there are no choices.

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Social Media Government Editing Litigation 57

Intepat

JUNE 19, 2024

In the Indian jurisdiction, various forms of evidence are presented in court daily and the field of evidence law within our country is governed under the Indian Evidence Act, 1872. The elegance and distinctiveness of the design were further supported by substantial documentary evidence provided by the applicant.

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Trademark Advertising Advertising Social Media 52

Michael Geist

FEBRUARY 23, 2022

1), which the government removed from Bill C-10 but has re-inserted in C-11, creates an exception for programs on social media services (ie. Note that this presumes that all audio-visual content posted to a social media service is a program subject to regulation, with the exception is designed to exclude some of that content.

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Social Media Government Law Registration 95

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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Designs Design Trademark Copyright 52

Michael Geist

AUGUST 9, 2023

The Canadian government released a detailed document last week outlining the specifics behind its draft Digital Services Tax Act. No actual legislation has yet been passed, but the government is providing guidance on how the potential law would be interpreted assuming it takes effect next year.

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Social Media Government Advertising Advertising 52

LexBlog IP

FEBRUARY 16, 2024

Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Like Patrick + Brittany and Travis + Taylor: Partnerships Are Key Nowadays, celebrities and social media influencers are more business savvy. Edited by Coby Turner and Cathy Feldman

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Social Media Intellectual Property Contracts Branding 52

IP and Legal Filings

MARCH 5, 2024

Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others. also, Misuse of social media involves using trademarks without authorization to mislead or damage companies.

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Trademark Social Media Advertising Advertising 90

The IPKat

DECEMBER 14, 2023

The picture of a boy, Yusuf Alabi with his arms wide open and standing in front of the campaign convoy of one of the popular presidential candidates, Peter Obi of the Labour Party , went viral across social media. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

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Copyright IP Social Media Copyright Infringement 91

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

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Social Media Law Contracts Designs 85

IPilogue

JANUARY 17, 2023

This resulted in new logo designs and new programming branding, all of which needed to be protected via a trademark-related process. They can only be owned by a public authority, an organization under substantial government control that provides a public benefit, such as TVO.

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Intellectual Property Editing Social Media Intellectual Property Law 106

Technology & Marketing Law Blog

JUNE 4, 2024

I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). It’s not hard to imagine how a negligent design claim could have been structured here. Case citation : Freethinker v.

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Contracts Designs Design False Advertising 77

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] The analogy is an imperfect one—social media operators are arguably less involved in the curation of their websites’ content than these traditional examples.

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Social Media Law Contracts Publishing 82

Michael Geist

DECEMBER 19, 2022

The Canadian government similarly believes that certain links posted by users – namely links to news articles posted on Facebook and Google – create unfair competition since the Internet platforms are competing with Canadian news outlets for the same readers and the same advertisers. negotiated or arbitrated licence).

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Social Media Advertising Advertising Government 80

Michael Geist

JUNE 1, 2022

My post on the issue walks through the proposed legislation, noting the “CRTC is empowered to create regulations applicable to user content uploaded to social media services as programs” and focusing specifically on the discoverability rules and their implications.

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Social Media Government Designs Design 140

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. Retrieved from Boom Live: [link] Government of India. 2023, August tuesday). Digital Personal Data Protection Act 2023.

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Privacy Social Media Advertising Advertising 95

Kluwer Copyright Blog

NOVEMBER 4, 2021

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? While social media were not explicitly singled out, they seem to comfortably fall within the ISSP definition. Do social media make content available?

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Social Media Publishing Art Copying 142

Michael Geist

DECEMBER 16, 2021

The Liberal government committed in the 2019 election campaign to a digital services tax primarily designed to target large U.S. If so, it will apply a three per cent tax on revenues from four sources: online marketplace services revenues, online advertising services revenues, social media services revenues, and user data revenues.

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Social Media Advertising Advertising Government 86

Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

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Social Media Law Blogging Publishing 98