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

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

IPilogue

JANUARY 11, 2023

There are significant overlaps and considerations to think of with the roll-out of a privacy policy, consumer protection laws, and a range of different agreements including those related to advertising, purchase and sale, events, and content production freelancer rights.

Journalism 80

Journalism Privacy Contracts IP 80

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 88

Litigation Contracts Advertising Advertising 88

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 81

Blogging Copyright Contracts Cease and Desist 81

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Copyright: WIPO.

Public Domain 63

Public Domain Contracts Copyright Licensing 63

LexBlog IP

JANUARY 19, 2023

Walk away if they demand cash payments up front, or refuse to give you copies of their license, insurance, and a contract in writing. Unlicensed contractors and scammers may appear in recovery zones with promises of quick repairs or clean-up services. Spot rental listing scams.

Privacy 40

Privacy Reporting Contracts Advertising 40

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The post Ownership, Licensing, and Fair Use of Copyright for Webinars appeared first on Biswajit Sarkar Blog. During the epidemic, they have turned to online learning as an alternative.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

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 93

Blogging Contracts Copyright Law Copyright 93

Traverse Legal Blog

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

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 85

Contracts Privacy Blogging Litigation 85

The IP Law Blog

MAY 4, 2023

In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users. In essence, the Ninth Circuit concluded that this was putting “form over substance to say that such products cannot form a market because they are not directly licensed or sold.”

Marketing 98

Marketing Marketing Privacy Contracts 98

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 106

Contracts Privacy Social Media Advertising 106

LexBlog IP

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

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 125

Contracts Publishing Licensing Editing 125

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.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

The IPKat

APRIL 22, 2024

As an added bonus, participants will have the exclusive opportunity to attend a hearing at the Court of Justice of the European Union in Luxembourg.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

Traverse Legal Blog

OCTOBER 24, 2022

Website Agreements for NFT projects , including privacy agreements, data privacy compliance, terms of use, terms of service, copyright policies, and DMCA policies. Intellectual property licensing agreements. Investor contracts. Software as a Service (SaaS) agreements for NFT and marketplace platforms. Setting up U.S.

Privacy 40

Privacy Intellectual Property Contracts Law 40

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 92

Privacy Contracts Marketing Marketing 92

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 103

Blogging Contracts Law Privacy 103

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. The named plaintiff created a WSBTV account by opting to log in using Facebook.

Privacy 91

Privacy Litigation Marketing Marketing 91

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 88

Cease and Desist Blogging Contracts Privacy 88

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. Contractual Obligations. Limiting Contractual Liability.

Privacy 52

Privacy Intellectual Property Contracts Business 52

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 112

Cease and Desist Contracts Privacy Business 112

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.

Trademark 94

Trademark Contracts Blogging Fair Use 94

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)”. PeopleConnect, Inc. , 21-16040 (9th Cir. March 18, 2022). Minors’ Suit Over Facebook Credits Survives in Part – I.B. Facebook ”.

Privacy 102

Privacy Contracts Personality Rights Litigation 102

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. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

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.

Contracts 76

Contracts Advertising Advertising Privacy 76

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 119

Blogging Law Contracts Cease and Desist 119

LexBlog IP

MAY 4, 2023

In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users. ” In essence, the Ninth Circuit concluded that this was putting “form over substance to say that such products cannot form a market because they are not directly licensed or sold.”

Marketing 52

Marketing Marketing Privacy Contracts 52

Technology & Marketing Law Blog

AUGUST 29, 2022

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. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 91

Editing Social Media Blogging Advertising 91

BYU Copyright Blog

NOVEMBER 2, 2023

These videos contained recordings of some of the class lectures he had recorded during his tenure at Pima.Pima contends that Yuksel breached his employment contract by knowingly recording class lectures from 2015 through 2022, even though such recordings were prohibited by the school's policies. Complaint at 5-6).Furthermore,

Privacy 40

Privacy Copyright Infringement Copyright Contracts 40

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 94

Contracts Social Media Advertising Advertising 94

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 81

Contracts Blogging Advertising Advertising 81

LexBlog IP

JULY 26, 2023

It also covers trust services and approved trust services, including rules for assessing license applicants, compliance rating entities, and licensees. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents.

Business 52

Business Advertising Advertising Contracts 52

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

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52