Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

Licensing 52

Licensing Patent Confidentiality Registration 52

Kluwer Copyright Blog

JUNE 27, 2023

2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Beyond the obligations imposed by Articles 3-6 CDSM Directive, the Decree-Law also adjusts the Portuguese legal framework on copyright exceptions in light of Articles. 15 and 17 CDSM Directive. 2-x Copyright Code.

Art 103

Art Contracts Publishing Licensing 103

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 125

Litigation Reporting Settlement Government 125

IP Watchdog

JANUARY 3, 2024

holding that the language of the governing contract's forum selection clause expressly allowed for the filing of inter partes review (IPR) proceedings in certain circumstances. entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents.

Settlement 59

Settlement Contracts Government Licensing 59

The IPKat

APRIL 22, 2024

Accredited European Patent Litigation Certificate Course Trier & Online tutorial - Course start: 25 September 2024; Course end: 16 May 2025 ERA will offer a high-standard course giving patent attorneys the best tools to understand the legal framework and procedural rules necessary to litigate before the UPC.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 80

Related Rights Publishing Licensing Contracts 80

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. I can see the appeal of this question, as it is fundamentally interesting and futuristic.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 82

Litigation Law Patent Invention 82

IP Watchdog

NOVEMBER 16, 2021

In 2007, Rohm Japan and MaxPower Semiconductor entered into a technology licensing agreement (TLA). District Court for the Northern District of California that compelled arbitration and dismissed Rohm Semiconductor USA’s declaratory judgment action without prejudice, holding that an arbitrator must determine arbitrability.

Contracts 69

Contracts Licensing Technology Law 69

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). As a result, the original text of Article 15 CDSM was subject to a number of amendments. The Italian press publishers’ “creative” negotiation and licensing scheme. Article 43bis l.aut.

Publishing 56

Publishing Law Contracts Licensing 56

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). As a result, the original text of Article 15 CDSM was subject to a number of amendments. The Italian press publishers’ “creative” negotiation and licensing scheme. Article 43bis l.aut.

Publishing 52

Publishing Law Contracts Licensing 52

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. It’s user-generated content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

IPilogue

JUNE 14, 2022

This article was written as a requirement for Prof. Shamrock Investments, who acquired Swift’s master recordings from Ithaca in 2020, are in an increasingly tenuous position: Swift has precluded them from licensing to ad agencies, films, and tv shows, and where they do license, Swift receives royalties in those cases.

Music 120

Music Contracts Ownership Licensing 120

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

MARCH 23, 2022

Yet, as a practical matter, copyright owners rarely bring 512(c) litigation any more–I’ve only blogged a handful of 512(c) cases in the last half-decade–and I doubt the STM issue is the reason why. Anyone familiar with FRAND negotiations/litigation would not offer it as a model procedure for anything.]. Conclusion.

Technology 113

Technology Licensing Copyright Designs 113

Traverse Legal Blog

FEBRUARY 1, 2023

Summary: (full article below) The first issue that AI companies need to address early is that they are operating in a SaaS environment. AI companies typically do not provide a license to download or use their software. Users don’t need a license since they don’t download the AI engine, database, or software.

Contracts 52

Contracts Licensing IP Copyright 52

Patently-O

JULY 7, 2022

While the reissued opinion continues to uphold the district court’s dismissal of the suit, it also eliminates the entirety of the Circuit’s earlier dicta concerning the nature of FRAND commitments and Article III standing, dicta that was heavily criticized by amici curiae. Avanci’s licensing rate for automotive 4G SEPs is $15 per vehicle.

Licensing 88

Licensing Contracts Patent Law 88

IPilogue

JANUARY 11, 2023

This article was written as a requirement for Prof. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School.

Journalism 80

Journalism Privacy Contracts IP 80

Patently-O

JANUARY 16, 2022

Blake Brittain: SCOTUS Okays Medtronic’s $112 Million Loss in Patent Contract Case (Source: Reuters). Commentary and Journal Articles: Prof. Jonathan Barnett: The Economic Case Against Licensing Negotiation Groups in the Internet of Things (Source: SSRN). Klarquist – Litigation/IPR Associate. Glicksman and Prof.

Patent 68

Patent Journalism Contracts Patent Application 68

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Cite to IC v.

Contracts 124

Contracts Publishing Licensing Editing 124

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Under EU Law, the most significant developments were introduced by articles 3 and 4 CDSMD, and its national implementations. There also seems to be a lack of clarity about which uses are allowed under the licenses. While art. 4(3), CDSM).

Publishing 98

Publishing Art Licensing Copying 98

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

It ran Facebook self-service ads and participated in Facebook’s “instant articles” program that let Facebook embed ads in its content in exchange for a revenue cut. Fourth, Shared avers that Meta committed breach of contract (Claim 3) for failing to deliver the April 2018 payment on time in violation of the FAN payment term.

Contracts 93

Contracts Social Media Advertising Advertising 93

43(B)log

NOVEMBER 27, 2023

Spoiler: the robot wins for lack of Article III standing. But DNP isn’t actually licensed to practice law. The false association claim was based on the theory that consumers are misled to believe that DNP is affiliated with licensed attorneys and that State bar authorities approve of or sponsor DNP’s services.) DoNotPay, Inc.,

False Advertising 49

False Advertising Advertising Advertising Contracts 49

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 84

Contracts Privacy Blogging Litigation 84

Traverse Legal Blog

APRIL 1, 2021

In this Tech Law Radio podcast, NFT attorney Enrico Schaefer talks about legal issues which are already being litigated by lawyers in the NFT marketplace. NFT lawyer Enrico Schaefer covers the following topics in this informative article about non-fungible tokens. See bonus video below, legal advice for buyers and sellers of NFTs).

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

Kashishipr

AUGUST 10, 2022

For instance, if you want to prove the creation of your article, i.e., your copyright, on the blockchain, the technology would not store your actual article. The Use of Smart Contracts. The introduction of smart contracts has undoubtedly increased the utility of implementing blockchain to safeguard one’s IP assets.

Intellectual Property 52

Intellectual Property Ownership Contracts IP 52

SpicyIP

FEBRUARY 17, 2023

They argued that the Plaintiffs were required to pay royalty and other consideration under the assignment agreements to the authors in exchange for “ exclusive right to publish and distribute the articles ”. For articles published under the subscription model, the authors typically transfer copyright to Elsevier.”

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage.

Copyright 78

Copyright Music Contracts Settlement 78

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager advanced four claims: California Constitution article 1, section 2 (free speech); Unruh Act violations; UCL; and breach of the implied covenant of good faith and fair dealing. Prager tried a variety of contract-based workarounds to Section 230. YouTube defended on Section 230 and other grounds.

Contracts 137

Contracts Publishing Law Government 137

SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. While entering into a licensing agreement in the first place, the Defendant had essentially given up its right to contend such an exemption. You can see his previous posts for us here. Akshat Agrawal. Defendant had affirmed this.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and (6) violation of the “unlawful,” “unfair,” and “fraudulent” prongs of the UCL. The parties have vigorously litigated this case.

Contracts 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

AUGUST 29, 2022

Books and Academic Articles. I posted a chapter from the book: Online Contracts. I have a backlog of mostly-completed articles that are not posted yet: Zauderer and Editorial Transparency Laws. Other Articles and Advocacy. Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood?

Editing 89

Editing Social Media Blogging Advertising 89

Kashishipr

FEBRUARY 2, 2022

In this article, we will be making ourselves familiar with the top five IP challenges faced by business firms and organizations, along with efficient ways of resolving them. Fringe patents are usually irrelevant to a company’s product line and could, therefore, be licensed, pruned, or abandoned. Coming Up With Valuable IP Assets.

Branding 98

Branding Brands Branding Business 98

LexBlog IP

MAY 2, 2022

In this article, we address what entertainment and athletic professionals need to know about finding and working with an entertainment lawyer. From contract disputes to disputes over the use of one’s likeness, an entertainment lawyer can help you navigate these complex legal issues. But what exactly is an entertainment lawyer?

Contracts 52

Contracts Intellectual Property Business Law 52