Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 75

Contracts Privacy Registration Government 75

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.

Privacy 137

Privacy IP Technology Reporting 137

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 103

Licensing Social Media Contracts Privacy 103

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 52

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” What does the court want to see in the “to” field…? Facebook, Inc.,

Contracts 72

Contracts Law Reporting Blogging 72

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users.

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 138

Privacy Designs Design Business 138

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 86

Litigation Contracts Advertising Advertising 86

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

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

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

Privacy 89

Privacy Litigation Marketing Marketing 89

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 72

Blogging Contracts Cease and Desist Confidentiality 72

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. ” OK boomer.

Privacy 91

Privacy Contracts Marketing Marketing 91

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

Technology & Marketing Law Blog

JANUARY 28, 2022

The agreement also granted a license to JLM in Gutman’s name (“Hayley, Paige, Hayley Paige Gutman, Hayley Gutman, Hayley Page, or any derivative thereof”). At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship.

Social Media 90

Social Media Ownership Contracts Privacy 90

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

LexBlog IP

MAY 4, 2023

” Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users.

Marketing 52

Marketing Marketing Privacy Contracts 52

SpicyIP

OCTOBER 11, 2022

Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). With the increased collection and use of data, privacy law comes to the forefront as something that is really important for law students and lawyers to know. and social markets (Facebook). In other words, the markets add value.

IP 105

IP Law Intellectual Property Privacy 105

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

MARCH 12, 2024

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. The plaintiff cited disclosures in Tubi’s privacy policy as evidence of Tubi’s VPPA violations, but at the same time the plaintiff’s position is that those disclosures were insufficient to get consumer consent.

Registration 70

Registration Privacy Contracts Blogging 70

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. By guest blogger Kieran McCarthy.

Blogging 101

Blogging Contracts Law Privacy 101

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. The terms prohibited scraping.

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Although Meta contends that it posted its term updates on users’ Facebook pages, there is no indication that those terms related to anything other than privacy concerns. Meta Platforms, Inc. 2023 WL 7325109 (N.D.

Trademark 93

Trademark Contracts Blogging Fair Use 93

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. ” This is a highly defense-favorable reading of the contract provision. Apple appeared first on Technology & Marketing Law Blog. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022.

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

MARCH 23, 2022

Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)”. appeared first on Technology & Marketing Law Blog. PeopleConnect, Inc. , 21-16040 (9th Cir. March 18, 2022). Facebook ”. Facebook.”.

Privacy 100

Privacy Contracts Personality Rights Litigation 100

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. Entertainment, Inc. , 22-55982 (9th Cir.

False Advertising 83

False Advertising Government Privacy Designs 83

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service.

Contracts 93

Contracts Social Media Advertising Advertising 93

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio AG Yost claims the law is about contracts, not censorship, i.e., the law helps parents supervise the contracts their kids enter into. And even if the government can show that the interest in question is indeed protecting minors from entering into contracts, the Act’s inclusions and exemptions are not tailored to that end.

Social Media 85

Social Media Law Contracts Designs 85

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim. ” The three hyperlinks were in a blue font that stood out from the other grey font on the page. LEXIS 23688 (S.D.

Contracts 74

Contracts Advertising Advertising Privacy 74

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Case citation : JLM Couture, Inc. Christou v.

Social Media 80

Social Media Ownership Designs Design 80

Technology & Marketing Law Blog

APRIL 19, 2023

The plaintiff initiated an arbitration against Microsoft alleging breach of contract, breach of the implied duty of good faith and fair dealing, negligence, breach of privacy, conversion, and consumer fraud. Microsoft appeared first on Technology & Marketing Law Blog. But What If It Made a Mistake?–Deutsch

Contracts 89

Contracts Privacy Law Blogging 89

LexBlog IP

JANUARY 7, 2022

Data privacy concerns for businesses are on the rise, and organizations need to be prepared for the growing threat and response. In addition, Data Privacy is an essential component of our digital economy and should not be overlooked by businesses of any stage or size. Marketing Administrator. Contractual Obligations.

Privacy 52

Privacy Intellectual Property Contracts Business 52