Technology & Marketing Law Blog

SEPTEMBER 18, 2024

The tsunami of anti-AI laws (and other laws against synthetic content) put all of those AR filters in jeopardy–after all, they produce fake algorithmically-generated images. But before we get there, AR filters are in jeopardy due to an old-school privacy law, the Illinois Biometric Information Privacy Act (BIPA).

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Privacy Law Social Media Blogging 97

Plagiarism Today

JANUARY 27, 2022

As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies. Even back then, privacy issues were a hot topic with many concerned that such a public database of personal information would lead to spam, harassment and other issues.

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IP and Legal Filings

APRIL 8, 2023

Celebrities have objected to this because it interferes with their personal lives and their right to privacy. This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

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Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. If You Are Teaching (Or Want to Teach) Advertising Law For reasons why you should consider teaching an advertising law course, see this post. Price: $12 * Kindle.

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Technology & Marketing Law Blog

OCTOBER 28, 2021

On behalf of a putative class, the plaintiffs asserted privacy claims—including for wiretapping—under California law. As an initial matter, the court says that Nike’s privacy policy does not undermine plaintiff’s claims. The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. The court agrees. Nike, Inc.,

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Privacy IP Law Blogging 116

Technology & Marketing Law Blog

JULY 12, 2021

Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law. The court says that a business has no rights that this tort covers.

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Technology & Marketing Law Blog

JUNE 7, 2022

A business that withholds inferences on the ground that they are protected trade secrets bears the ultimate burden of demonstrating that such inferences are indeed trade secrets under the applicable law.” ” * Bloomberg : Global Privacy Control Popularity Grows as Legal Status Up in Air. 2022 WL 822925 (D. March 18, 2022).

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IPilogue

SEPTEMBER 7, 2021

Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In August, Apple made headlines by introducing new privacy features in their upcoming software updates. Over the years, Apple has cultivated a strong reputation as a protector of consumer privacy. Photo by Jimmy Jin ( Unsplash ).

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Privacy Technology Reporting Brands 105

Michael Geist

MARCH 2, 2022

The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. I believe that something are outdated privacy laws that are no longer fit for purpose. My opening statement is posted below.

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Privacy Government Law Reporting 98

IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Google, Inc.

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IP and Legal Filings

FEBRUARY 15, 2024

With the growth of abovementioned platforms, driven by digitalization, concerns for data privacy and security and, potential misuse of the data has steeped in the minds of people who share personal information to access such platforms. Image Sources: Shutterstock] This situation gave rise to a conundrum surrounding the issue of data privacy.

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IPilogue

AUGUST 27, 2021

Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . Privacy has been a reoccurring issue debated across the world as virtual communication is no longer seen as an option but essential to working remotely during a pandemic. Subtle or not, virtual platforms have always prompted privacy concerns.

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TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

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Privacy IP Technology Reporting 140

Olartemoure Blog

MARCH 31, 2022

How has antitrust law been built up? Colombian law prevents trade restraints (Unfair Competition and Antitrust practices). There have been regulations that referred to antitrust laws since 1959, but it was not until 1990´s that a legal shift in Latin America occurred because of the Washington Consensus. What is it about?

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Marketing Marketing Social Media Litigation 98

SpicyIP

NOVEMBER 11, 2024

recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. In part one of the post he addresses concerns about economic gains and privacy. Read her analysis on the evolving intersection of copyright law and AI!

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IPilogue

JUNE 3, 2022

Junghi Woo is a former IPilogue Content Manager, an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. This article was written as a requirement for Prof.

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Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

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Technology & Marketing Law Blog

AUGUST 16, 2021

Blackbaud “provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” 24. * Californians: VOTE NO ON PROP.

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Privacy Blogging Business Marketing 128

The IPKat

NOVEMBER 9, 2021

A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Goods placed on the market in the EU are deemed to have exhausted trade mark rights for the purposes of the UK, but not the other way round. Its reach is wider than that; and that’s not a bad thing.

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Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. For similar reasons, the common law claim fails. The court rejects both claims. ” Intrusion Into Seclusion. Or even 900+?

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Privacy False Advertising Contracts Advertising 144

Technology & Marketing Law Blog

FEBRUARY 28, 2023

If this law isn’t struck down, California voters are going to be livid when they realize how their elected legislators ruined their Internet without actually helping any kids at all. * * * Some other filings in the case: NetChoice’s motion for preliminary injunction. . Plus ça change, plus c’est la même chose.

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Designs Design Privacy Blogging 128

Olartemoure Blog

OCTOBER 3, 2023

On the other hand, about the other legal bases for processing, the CJEU pointed out that, as these are situations that allow processing without consent, they must be interpreted restrictively and that it will be the controller who will have the burden of proving the lawfulness of the processing under one of these legal bases.

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Law Privacy Contracts Marketing 105

JD Supra Law

FEBRUARY 11, 2025

Stay tuned for expert insights regarding the impact of AI on intellectual property, licensing, contracts, regulatory policy, enforcement, privacy, and venture markets in life sciences. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences.

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Intellectual Property Privacy Blogging Contracts 69

TorrentFreak

OCTOBER 21, 2021

Whois Privacy. Copyright holders have complained about these privacy services for years. To make matters worse for copyright holders, the EU’s GDPR privacy law only made it harder to identify domain owners. The music industry group submitted its notorious markets comments to the USTR last week. GDPR Byspass?

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Privacy Registration Intellectual Property Copyright 143

Technology & Marketing Law Blog

AUGUST 8, 2022

The delegation of additional work onto the California Privacy Protection Agency (CPPA) contradicts the voters’ clear instructions. Furthermore, voters directed the CPPA to focus on privacy matters, but the bill would task the CPPA with non-privacy matters. The CPPA cannot meet the voter-directed schedule.

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Designs Design Privacy Blogging 125

Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. Default Privacy Settings. In other words, AADC laws structurally conflict with the constitution, and this bill is no exception.

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Technology & Marketing Law Blog

SEPTEMBER 16, 2022

When a proposed new law is sold as “protecting kids online,” regulators and commenters often accept the sponsors’ claims uncritically (because…kids). A foundational principle among regulators is that parents know their children best, so most children protection laws center around parental decision-making (e.g.

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Designs Design Privacy Business 119

Technology & Marketing Law Blog

AUGUST 22, 2022

AB 2273 claims to protect kids’ privacy, but instead it counterproductively puts children’s sensitive data at greater privacy and security risks. The post Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273) appeared first on Technology & Marketing Law Blog.

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Privacy Business Blogging Publishing 145

Technology & Marketing Law Blog

JANUARY 22, 2023

This post focuses only on the New York publicity rights claims (NY Civil Rights Law 50 & 51) against Amazon Walmart, and Ulta. The court says: “New York courts have long construed Sections 50 and 51 to provide a statutory right to privacy , not property… New York does not recognize the common law right of publicity.

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Privacy Intellectual Property IP Intellectual Property Law 111

Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. Means-Fit The law falls apart on the means-fit analysis.

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IPilogue

JANUARY 31, 2022

Lamont Abranczyk is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. This past fall, I completed an internship at TVO as part of Osgoode Hall Law School’s Intellectual Property Law and Technology Intensive Program (IP Intensive). Privacy and Access to Information Requests. Workplace Dynamic.

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IP Privacy Intellectual Property Law Television 105

TorrentFreak

JULY 7, 2022

The letters, sent by the law firm Hedman Partners, alleged that subscribers’ internet connections had been used to download or share movies (some pornographic) using BitTorrent. The Market Court ruled that the subscribers should be dealt with on a case-by-case basis. Initial Victory For Internet Subscribers.

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IPilogue

JANUARY 9, 2023

Meena Alnajar is an IPilogue Senior Editor, an IP Innovation Clinic Senior Fellow, and a 3L JD Candidate at Osgoode Hall Law School. This term, I had the amazing opportunity to work at AstraZeneca Canada through Osgoode’s Intellectual Property Law and Technology Intensive Program placement.

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Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

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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

SEPTEMBER 23, 2021

Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. Legal Background. Section 230(c)(1) says websites aren’t liable for third-party content. See, e.g., Ripple v.

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43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. If You Are Teaching (Or Want to Teach) Advertising Law For reasons why you should consider teaching an advertising law course, see this post. Price: $12 * Kindle. Email me or Eric!

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