Technology & Marketing Law Blog

JANUARY 15, 2024

Note also how governments will weaponize mandatory TOS disclosures, i.e., if you didn’t tell the public them, then they wouldn’t have acted as promises to consumers, but since we compelled you to tell the public, we can now treat them as enforceable promises. No, and it’s not even close. Six4Three v. . * Kallinen v.

Social Media 76

Social Media Advertising Advertising Publishing 76

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. How can Influencers protect their IP?

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Social Media IP Intellectual Property Copying 59

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 94

Technology & Marketing Law Blog

NOVEMBER 20, 2021

Based on the Complaint’s allegations, it appears the named Defendants – a private social media company and its legal department – are not subject to liability under Section 1983. 2020) (internet media websites are not government actors under the First Amendment)… Prior blog posts on Perez’s lawsuit ( 1 , 2 ).

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Social Media Litigation Publishing Blogging 123

Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” appeared first on Technology & Marketing Law Blog.

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Social Media Law Litigation Blogging 89

Technology & Marketing Law Blog

SEPTEMBER 12, 2022

PETA objects to these experiments and commented on TAMU’s social media pages. TAMU claims that PETA’s comments were “spam” that violated TAMU’s social media policy. Vigorous government-performed content moderation is a euphemism for “perpetual lawsuit-making machine.”

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Government Social Media Settlement Blogging 107

JD Supra Law

SEPTEMBER 14, 2023

In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they represent.

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Marketing Marketing Social Media Law 82

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

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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Social Media Law Blogging Publishing 110

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 Reporting Television 125

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

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Music Government Contracts Marketing 130

Trademark and Copyright Law Blog

AUGUST 27, 2021

Social media platforms present countless opportunities for companies looking to connect to consumers and clients in real time. Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising.

Social Media 40

Social Media Intellectual Property Advertising Advertising 40

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Among other problems, the law dictates how “social media platforms” can make their editorial decisions. Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. This is not unique to social media.

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Government Social Media Blogging Publishing 111

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 112

Technology & Marketing Law Blog

OCTOBER 21, 2021

The court says: The Court finds that the statements by federal lawmakers Plaintiffs point to are insufficient to plead that the government “commanded a particular result in, or otherwise participated in, [Plaintiffs’] specific case.” Government Nexus. This argument is foreclosed by Prager U. Compulsion. cite to Daniels v.

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Government Social Media Publishing Blogging 143

Technology & Marketing Law Blog

JULY 1, 2024

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. NetChoice appeared first on Technology & Marketing Law Blog.

Social Media 107

Social Media Law Blogging Government 107

IIPRD

JUNE 26, 2024

A social media influencer is someone who creates content based on their niche in various social media platforms where they deliver information by uploading in the mediums of long format videos, short format videos or reels, static posts and stories.

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Intellectual Property Social Media Intellectual Property Law IP 52

Technology & Marketing Law Blog

OCTOBER 7, 2023

Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. With respect to the social media services’ status as publishers, the court says: the plaintiff’s RICO claims depend on Twitter and Facebook’s acting as publishers. The complaint.

Litigation 120

Litigation Social Media Editing Publishing 120

Kluwer Copyright Blog

JULY 1, 2022

Last month, the Internal Market Committee of the European Parliament endorsed the provisional agreement previously reached with EU governments on the Digital Services Act (DSA). Both the Digital Services Act and Digital Markets Act are expected to be put for a final vote in Parliament later this month.

Marketing 52

Marketing Marketing Social Media Journalism 52

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

General Business Law Section 394-ccc, the 2022 law that requires social media platforms to disclose their editorial policies towards “hateful conduct.” It is definitely counterintuitive to oppose transparency requirements due to our strong regulatory and social norms in favor of transparency.

Social Media 113

Social Media Law Government Blogging 113

Technology & Marketing Law Blog

FEBRUARY 5, 2022

The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.

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Social Media Government Publishing Blogging 131

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.

Social Media 94

Social Media Advertising Advertising Trademark 94

Technology & Marketing Law Blog

MAY 11, 2022

The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”

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Social Media Privacy Law Government 145

Technology & Marketing Law Blog

MARCH 26, 2024

Without First Amendment guardrails in the EU, the DSA represents a comprehensive government intrusion into the editorial processes of UGC services–with surely more intrusions to come. The post New Essay Comparing “Due Process” Approaches in the DMCA and DSA appeared first on Technology & Marketing Law Blog.

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Social Media Blogging Government Marketing 90

IP and Legal Filings

JANUARY 3, 2023

While stakeholders and experts struggled to comprehend this ban, on October 5, 2022, word spread that Nigeria’s Federal Government had sued Meta over marketing and was seeking 30 billion naira (about 70 million dollars). The Nigerian government’s attempt to address this fact may be taking on too much.

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Advertising Advertising Social Media Government 82

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

FEBRUARY 11, 2022

Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Are Social Media Services “State Actors” or “Common Carriers”?

Social Media 125

Social Media Publishing Blogging Government 125

Technology & Marketing Law Blog

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). It doesn’t work. Publication of Third-Party Content.

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Government Social Media Design Designs 89

Technology & Marketing Law Blog

JULY 25, 2024

98, 107 (2017) for the passage that social media has become the “modern public square.” — Justice Alito writes that “research suggests that social media are having a devastating effect on many young people, leading to depression, isolation, bullying, and intense pressure to endorse the trend or cause of the day.” .

Social Media 52

Social Media Blogging Advertising Advertising 52

Michael Geist

JUNE 20, 2024

The government talked up its accomplishments, but on the digital policy front there was little to promote. While there were no specific digital policy bills enacted over the past ten months, the government is moving ahead with its digital services tax that could take effect within days and will likely draw the ire of the U.S.

Privacy 63

Privacy Social Media Government Law 63

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. Social Media Benefits Minors.

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Social Media Privacy Design Designs 96

Technology & Marketing Law Blog

JANUARY 26, 2022

The court disagrees: Even assuming the Association’s content was indeed demoted in search results and on social media platforms, the technology companies may have taken those actions for any number of reasons unrelated to Representative Schiff. Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v.

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Social Media Technology Blogging Government 125

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

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Art Marketing Marketing Due Diligence 52

43(B)log

OCTOBER 11, 2022

The parties’ products sell for millions of dollars to large corporations or government agencies, and there are many other vendors besides them. Appian disseminated the report through its sales team, social media, and other marketing. The BPM market is large. Defendant BPM.com reported on the BPM industry.

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Marketing Marketing Business False Advertising 59

Velocity of Content

SEPTEMBER 7, 2021

Consumers rely on news and social media information more than ever — and they need to be able to trust the information they consume. Widely available technology and social media platforms have made it easy to alter actual photos and distribute false or misleading stories whose content seems plausible.

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Social Media Journalism Reporting Government 105

Technology & Marketing Law Blog

AUGUST 27, 2024

These duties do not derive from or even require publishing—they arise from Defendants’ alleged possession, use, and/or dissemination of biometric data without notice or consent Cite to the federal Social Media Addiction ruling. Amazon appeared first on Technology & Marketing Law Blog. The court shrugs its shoulders.

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Social Media Blogging Publishing Government 89

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. government. After an unexplained absence in 2021, YTS.mx reappeared in the report last year.

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Reporting Marketing Marketing Social Media 108