Technology & Marketing Law Blog

APRIL 26, 2022

I’m continuing coverage of the legal challenge to Texas’ social media censorship law, now on appeal to the Fifth Circuit. And government cannot compel continued publication any more than it can compel initial dissemination. I recently rounded up the Texas opening brief and its supporting amici briefs. “H.B.

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Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. What does a 200+ year old fox have to say about who owns social media accounts?). On appeal, the Second Circuit vacates the account transfers to JLM. ” (Cite to Pierson v.

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Copyright Lately

DECEMBER 29, 2024

The trouble began when Albany radio station WGNA asked its social media followers to vote for the regions best fried chicken and tagged a few contenders, including Chicken Joes, which retweeted the stations original post. Chicken Joes delivers a piping hot reality check on the risks of playing copyright roulette. Sydney Nicole LLC v.

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Technology & Marketing Law Blog

JUNE 21, 2022

The bill applies to “social media platforms” that: “(A) Construct a public or semipublic profile within a bounded system created by the service. (B) ” This definition of “social media” has been around for about a decade, and it’s awful. Who’s Covered by the Bill?

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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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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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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.

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Patently-O

MARCH 16, 2024

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. I’ve been following the case as part of my work on internet and media law issues. by Dennis Crouch Lindke v.

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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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Plagiarism Today

NOVEMBER 22, 2022

They go as far as to call for people to change their mindset about social media before making the jump. The basic idea behind Mastodon is to create a decentralized social networking platform that no one entity control. Have a Designated Agent to Receive Notices of Copyright Infringement. Some Mastodon Basics.

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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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SpicyIP

NOVEMBER 11, 2024

Other Posts Curing the Rare: Government Issues Tender to Acquire 17 Patented Rare Disease Medicines The threshold for procuring 127 medicines, including drugs for rare diseases, was raised by the Ministry of Finance in its August 9 circular. Government invites comments on the draft Commercial Courts (Amendment) Bill, 2024.

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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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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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IIPRD

NOVEMBER 22, 2023

Introduction What separates long-established print and electronic media from social media is that it comes along with a bunch of techniques for its usage. These are tools that shaped social media to be more significant than the long-established medias.

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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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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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SpicyIP

JUNE 10, 2022

We’re pleased to inform you that the Centre for Communication Governance at National Law University (NLU), Delhi is inviting applications for Community Engagement and Strategic Development positions at the Centre. About the Centre for Communication Governance. For details, please read the announcement below.

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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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IIPRD

JANUARY 7, 2025

A human inventor serves as the central figure in the design of the patent system. The selection and evaluation of the previous art are aided further by the appropriately designated relevant art. DESIGNS Artificial Intelligence is also capable of creating designs on its own, akin to the inventions made.

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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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SpicyIP

JULY 27, 2021

We’re pleased to inform you that the Centre for Communication Governance at the National Law University Delhi is inviting applications for various research positions. About the Centre for Communication Governance. For further details, please see the announcement below. Call for Applications: Research Positions at CCG.

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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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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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IPilogue

OCTOBER 12, 2021

Its AI is designed to detect and prevent crimes. Clearview’s AI crawls the internet and can access, download, and store any image uploaded to social media. Many social media companies, including Google, Facebook, and Twitter, have accused Clearview of utilizing user images without authorization.

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Plagiarism Today

JANUARY 3, 2022

However, because of state sovereign immunity, it’s technically not possible to sue a state government or any of their components in a federal court. According to Unicolors, the retailers infringed on one of their designs and sold various goods with it. Under the current law, all copyright matters are federal.

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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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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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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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Copyright Lately

OCTOBER 20, 2024

He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations. Let me know in the comments below or @copyrightlately on social media.

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Michael Geist

FEBRUARY 10, 2023

SOCAN, a leading Canadian music copyright collective, has launched a misinformation campaign seeking to convince the government to reject a Bill C-11 Senate-backed amendment designed to ensure that the bill covers sound recordings but excludes user content from CRTC regulation.

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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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Michael Geist

DECEMBER 13, 2022

designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) . Provision designed to provide greater flexibility for the CRTC.

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SpicyIP

OCTOBER 23, 2024

Recently, Delhi High Court granted an interim injunction to Zydus against social media influencer Prashant Desai’s allegedly disparaging post on nutritional health drinks. SpicyIP Intern Manya Gupta analysis the Court’s rationale on disparagement and assesses the implication of this order on free speech.

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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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SpicyIP

FEBRUARY 3, 2025

Other Posts SpicyIP Tidbit: Delhi Police Authorized to Issue Takedown Orders for Unlawful Content On 26th December 2024, the Delhi Government issued a gazette notification, designating Delhi Police as the nodal agency for regulating digital content hosted or published on intermediary platforms in the National Capital Territory of Delhi.

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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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