Technology & Marketing Law Blog

JUNE 14, 2024

There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.

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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

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

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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.

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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

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

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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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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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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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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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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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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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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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. Nexxbase Marketing Pvt. Read her analysis on the evolving intersection of copyright law and AI!

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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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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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IPilogue

MARCH 16, 2025

By 'Damola Adediji Policy researchers and government studies worldwide have continued to express deep concerns surrounding Big Tech firms and their extensive collection of personal digital data, which affects how markets operate and compete. Network effects result from how the number of users in a network (e.g.,

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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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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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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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Michael Geist

APRIL 14, 2023

Using the Access to Information Act, I have now obtained a copy of the government’s internal estimates for the economic and production impact of Bill C-11 ( methodology , memorandum , PPT ), which confirm many of my suspicions. This conclusion raises both the economic and cultural impact of the bill.

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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.

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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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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.

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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”?

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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.

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Social Media Law Government Blogging 116

Michael Geist

JULY 6, 2023

The government escalated the battle over Bill C-18 yesterday, announcing that it was suspending advertising on Meta’s Facebook and Instagram platforms due the company’s decision to comply with the bill by blocking news sharing and its reluctance to engage in further negotiations on the issue.

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Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 7) Governments loot Google and Facebook under the pretense of “saving” journalism. The money doesn’t go to the government. Incredible.

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Michael Geist

MAY 18, 2023

The CRTC’s documents suggest that either it already knows what the government is going to say or it doesn’t care. To pick just one of many examples, the Commission is consulting on the meaning of “social media service”: Q5. How should the Commission define “social media service”? Who will be left?

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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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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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Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. In a statement sure to spook every social media service, the court finds “the forum selection clause invalid because it is procedurally unconscionable, substantively unconscionable, and unenforceable against a minor.”

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Technology & Marketing Law Blog

MARCH 21, 2022

Nevertheless, she claimed Twitter conspired with the government and that converted Twitter into a state actor. Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Violation of the First Amendment. Padilla , Doe v.

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The IPKat

JULY 18, 2021

If the Government takes on board this recommendation it would mean, as Tom Gray put it “that for the first time ever, our entire music community get something” - since it provides for non-featured artists, who typically transfer their rights in exchange for a one-off session fee rather than a royalty.

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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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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.

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Technology & Marketing Law Blog

SEPTEMBER 25, 2021

There was no nuance to the law enforcement effort to censor speech; it was the raw exercise of government power, coupled with a realistic threat of incarceration for noncompliance. The notion that the long arm of the government—redaction pen in hand—can extend to this sort of incomplete speech is plainly wrong.

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