Technology & Marketing Law Blog

AUGUST 10, 2022

Today, I’m covering AB 2408, a performative “protect kids online” bill that kick kids off social media entirely and ruin the Internet for adults too. This will be a major shock to millions of Californians who value and enjoy social media. Monday, I covered AB 2273, the Age-Appropriate Design Code.

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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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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

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See The court also found “Ms.

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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

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

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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IP Tech Blog

OCTOBER 28, 2021

A recent California District Court ruling affirmed that Perfect 10’s ruling applied to the embedding of images from social media onto third party websites. the user name and image, user caption, number of likes, and branding of the social media platform). Amazon.com, Inc., What is Embedding? The post Server Test Showdown?

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Kashishipr

MARCH 23, 2022

In this blog, we will understand how social media is becoming the new territory for cybersquatting and shed light on the steps to reduce the issue on different social media platforms. How Cybersquatters Tarnish a Brand on Social Media. While Tony La Russa (the former manager of the St.

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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.” But surprise! I hope it doesn’t.

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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

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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JD Supra Law

OCTOBER 23, 2023

You can’t seem to turn on the TV, listen to the radio, or open a newspaper these days without hearing about the merits and potential risks of AI—and the federal government is paying attention. Here are some recent examples: By: Morrison & Foerster LLP - Social Media

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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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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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GDB Firm Blog

APRIL 24, 2020

A recent New York federal court decision adds a new twist to the law governing the right to use photographs that are posted on social media platforms, and gives a new possible legal defense to individuals and businesses accused of copyright infringement for using photographs that are directly sourced from those platforms.

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Michael Geist

JULY 28, 2023

Bill C-11 may have receded into the background of CRTC consultations and government policy directions, but Canadians concerned with user content, video game and algorithmic regulation would do well to pay attention. The group has posted its submission to the government’s consultation on the draft policy direction to the CRTC on Bill C-11.

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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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JD Supra Law

AUGUST 1, 2024

Though many websites have attempted to prohibit AI data scraping of their content through their terms of use, a federal court clarified this year that the extent to which public data may be scraped from social media platforms should be governed by federal copyright law. By: ArentFox Schiff

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LexBlog IP

OCTOBER 28, 2021

A recent California District Court ruling affirmed that Perfect 10’s ruling applied to the embedding of images from social media onto third party websites. the user name and image, user caption, number of likes, and branding of the social media platform). Amazon.com, Inc., What is Embedding?

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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. It makes it very clear that social media users are not included.

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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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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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Michael Geist

JUNE 9, 2023

The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted.

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IP Law 360

JUNE 28, 2024

Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platform's content moderation policies and the appropriate deadline to challenge agency action.

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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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Michael Geist

SEPTEMBER 12, 2023

Regardless of your views of either Levant or Guilbeault, the principle that government ministers should not block access to their feeds given the implications for freedom of expression is an important one. Levant says that the government wanted him to sign a confidentiality clause in order to keep the settlement secret.

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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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TorrentFreak

OCTOBER 22, 2024

Government’s Patent and Trademark Office to help tackle live-streaming piracy. Together with the NBA and UFC, the football league asked the government to make DMCA takedown requests more effective. This includes social media platforms, where pirate streams are often openly advertised.

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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. From a drafting standpoint, the laws were a mess.

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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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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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Michael Geist

MAY 24, 2024

At yesterday’s lengthy four-hour hearing , Conservative MP Garnett Genuis confirmed the filibuster, stating that the party wants the government to release a report involving the prison transfer of Paul Bernardo before it is willing to conduct the study on the bill. The exchange, which came at the very end of the hearing: Ms.

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SpicyIP

AUGUST 19, 2024

Though it has been reported that the Bill is being withdrawn because the government feels that existing laws are sufficient to address any issues that may arise, the Bill was extensively criticised for muffling free speech in the country and imposing excessive checks on online content creators and social media influencers.

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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

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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