Velocity of Content

MARCH 20, 2024

Terms of Use Even though a dataset is made publicly available, there may still be conditions and restrictions attached to using the content. Some datasets may have specific conditions or restrictions on how they may be used, modified, or redistributed, even if they are publicly accessible.

Copyright Infringement 111

Copyright Infringement Public Domain Due Diligence Copyright 111

The IPKat

NOVEMBER 6, 2023

The German Supreme Court recently decided whether a photographer can waive the exercise of their right of attribution in the general terms and conditions of a microstock portal ( I ZR 179/22 ). 138(1) German Civil Code ) or, if they are contained in general terms and conditions, unreasonably disadvantage the author ( Sec.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

Intellectual Property Law Blog

AUGUST 9, 2023

Whether the district court erred by not construing claim terms. Holding(s) The district court’s formulation of the abstract idea (“‘of providing information – in this case, a processing function – based on meeting a condition,’ e.g., matching a GPS location indication with a geographic location.”) Sanderling opposed Snap’s motions.

Invention 130

Invention Patent 130

IP Law 360

MARCH 26, 2024

Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.

Contracts 52

Contracts 52

Nelligan Law

APRIL 22, 2024

Reading Time: 3 minutes Halal financing adheres to Islamic principles, which prohibit the payment or receipt of interest (riba) and promote ethical and equitable financial practices. These structures ensure that transactions are conducted in a Sharia-compliant manner, avoiding interest-based transactions and unethical practices.

Due Diligence 81

Due Diligence Ownership Government Blogging 81

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

Copyright 122

Copyright Art Licensing Contracts 122

McKinsey Operations

JULY 15, 2022

The term “food insecurity” refers to the economic and social conditions that limit access to safe, nutritious food—and sufficient amounts of it. More than two billion people worldwide experience food insecurity.

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Technology & Marketing Law Blog

JULY 24, 2022

His probation conditions included this restriction: not knowingly post, display or transmit on social media or through his cell phone any symbols or information that [he] knows to be, or that the Probation Officer informs [him] to be, gang-related. JT said the term “social media” was impermissibly vague.

Social Media 84

Social Media Editing Blogging Reporting 84

Plagiarism Today

AUGUST 10, 2021

3: Ancestry.com’s New Terms Allow it to Use Your Family Photos for Anything. Finally today, Jaron Schneider at PetaPixel reports that Ancestry.com has updated its terms and conditions and the new language allegedly gives the company the right to use uploaded family photos for any purpose it likes, forever and without limits.

Licensing 246

Licensing Plagiarism Reporting Copyright Infringement 246

SpicyIP

MAY 14, 2023

Terms: The SpicyIP Doctoral Fellowship will cover tuition and university fees up to INR 1,50,000 per year. The quarterly stipend release will be subject to satisfactory performance by the candidate in accordance to the terms and conditions set out. This will consist of at least 2 blogposts per month.

Intellectual Property 141

Intellectual Property Copying Blogging Reporting 141

Plagiarism Today

SEPTEMBER 8, 2022

Though the licenses are, at first blush, very similar to the Creative Commons system, these licenses are ultimately very different both in terms of how they work and what they cover. However, now the venture capital firm Andreessen Horowitz (a16z) is hoping to change that. Anyone can exploit a work licensed under a Creative Commons license.

Licensing 196

Licensing Moral Rights All Rights Reserved Copyright 196

JD Supra Law

DECEMBER 16, 2022

In this first (of several) publication, we address more specifically the compliance of gamer-facing terms and conditions of. In this first (of several) publication, we address more specifically the compliance of gamer-facing terms and conditions of. and they all face different legal challenges. By: Hogan Lovells

Publishing 98

Publishing 98

Intellectual Property Law Blog

FEBRUARY 26, 2024

8,498,753, titled “System, Method and Apparatus for Just-In-Time Conditioning Using a Thermostat,” which focuses on optimizing climate control systems, particularly HVAC systems, in residential and commercial buildings. In response to EcoFactor’s patent, Google LLC and ecobee, Inc. 5,197,666 (“Wedekind”) with U.S.

Patent 130

Patent Art Technology Invention 130

Technology & Marketing Law Blog

DECEMBER 23, 2022

Here are the screenshots at issue: The court says: In the first three screens, the hyperlinks to Fitbit’s Terms of Service are presented in blue text in a sentence that otherwise uses gray text; they are next to the box a user must select to accept the terms; and the screens on which they appear are uncluttered. Two clicks FTW.

Contracts 73

Contracts Privacy Registration Government 73

JD Supra Law

NOVEMBER 10, 2023

In a previous post, we highlighted three key items to look out for when assessing the terms and conditions of generative artificial intelligence (“GAI”) tools: training rights, use restrictions and responsibility for outputs.

Copyright 59

Copyright IP Technology 59

LexBlog IP

MAY 9, 2022

Who has time to read those pesky terms and conditions anyway? If you are a new business owner starting up a website, terms and conditions should matter to you. In particular, the presentation of the terms and conditions to visitors of the website is of great importance.

Contracts 52

Contracts Business Intellectual Property 52

JD Supra Law

OCTOBER 13, 2021

Under the patent statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The term “machine” used in the statute is self-explanatory.

Patent 102

Patent IP Invention Law 102

Technology & Marketing Law Blog

APRIL 16, 2022

The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The court says neither condition is satisfied here.

Contracts 109

Contracts Designs Design Law 109

JD Supra Law

JUNE 28, 2022

In particular, a letter was sent that included pricing information, payment terms, shipping conditions and bulk pricing options, which the court held are typical of commercial contracts. Medical Components, Inc., By: Manatt, Phelps & Phillips, LLP

Invention 98

Invention Design Patent Contracts Patent Application 98

JD Supra Law

FEBRUARY 15, 2022

Summary: A letter containing specific delivery conditions, risk allocations, and payment terms may constitute a commercial offer for sale despite being sent in response to a “request for quotation.”. MEDICAL COMPONENTS, INC. Before Dyk, Reyna, and Stoll.

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JD Supra Law

MARCH 28, 2022

In addition to variations in the means of distribution, token standards, governing smart contracts and platforms on which initial sales or transfers are made, the terms, conditions and content licenses (or lack thereof) under which users take possession of an NFT often differ from project to project.

Non-Fungible Tokens 98

Non-Fungible Tokens Contracts Licensing Government 98

IP Law 360

FEBRUARY 28, 2024

The top appeals court judge at the Sixth Circuit has issued a precedential opinion insisting that "all manner of works," even stuff that's boring and "run-of-the-mine," can be protected by copyright law, affirming a judgment that stuck a business with more than $1 million in damages and fees for copying the terms and conditions used by a car-dealer (..)

Copyright Law 40

Copyright Law Law Copyright Copying 40

IP and Legal Filings

AUGUST 29, 2023

But the names of generic terms are different. In India, the term “Fevicol” was initially a descriptive term for ‘adhesive products. Consequently, the term “Fevicol” gained distinctiveness and was granted trademark protection under the Indian Trademarks Act. [1] Jitender V. Jain and Anr.,

Trademark 88

Trademark Trademark Law Law Advertising 88

The TTABlog

JANUARY 25, 2024

Based on a number of Internet references, the examining attorney argued that "the mark’s sole term (properly spelled as CUES) identifies a characteristic or feature of the identified services, namely, that they involve ‘reminder[s], prompting, hint[s], or suggestion[s]’ from the trainer/instructor." conditioning.

Advertising 53

Advertising Advertising Copyright 53

LexBlog IP

FEBRUARY 12, 2024

The Mental Health Law prioritizes the rights of individuals struggling with mental health conditions and establishes a structured framework for their assessment, treatment, and care. Additionally, the term Psychopath refers to an individual diagnosed with a Mental Disorder, relating to internationally recognized psychiatric classifications.

Law 52

Law Reporting Licensing Confidentiality 52

Technology & Marketing Law Blog

JULY 16, 2021

s Terms of Use” and “[c]ertain information about the party and the Terms acceptance.”. To navigate the seemingly unending stream of advertisements, consumers often depend on independent reviews for candid and accurate assessments. Robinhood Markets, Inc., 2021 WL 2435307 (N.D. June 15, 2021). Lona’s Lil Eats, LLC v.

Advertising 106

Advertising Advertising Contracts Social Media 106

TorrentFreak

JUNE 9, 2023

In basic terms, this means accessing YouTube via a different interface on a different domain which strips away the advertising, user tracking, and reliance on Google subscriptions. With an estimated 2.5 billion users overall and around 120 million users active daily, YouTube is an entertainment powerhouse and a globally-recognized brand.

Privacy 137

Privacy Cease and Desist Advertising Advertising 137

SpicyIP

JUNE 27, 2022

the definitions) and Part II (dealing with intermediaries and social media intermediaries) of the IT Rules, 2021 and primarily impacts only the intermediaries in terms of their obligations under Rule 3. Surabhi Pande and Devvrat Joshi are both Senior Associates in the Dispute Resolution Team at Saikrishna & Associates.

Due Diligence 133

Due Diligence Privacy Publishing Government 133

TorrentFreak

MARCH 27, 2023

“Defendant Megaupload hereby moves the Court to enter the attached proposed order, continuing the stay in this case for an additional six months, subject to the terms and conditions stated in the proposed order,” the requests note, adding there are no objections from the RIAA and MPA. . There is one notable caveat.

Government 113

Government Copying Business Copyright 113

The IPKat

JANUARY 8, 2024

The conditions of Art. Myforest also argued that the term ‘bacon’ does not only refer to ‘meat from the back and sides of a pig, dried, salted and usually smoked’ (as defined in the Collins English dictionary) but evolved to designate also vegetarian or vegan products. The judges were not convinced by this argument.

Art 116

Art Registration Law Licensing 116

43(B)log

FEBRUARY 8, 2024

That paragraph also says in bold: “Please see our Customer Agreement at www.siriusxm.com for complete terms.” 6, 2024) Among other things, this opinion features very effective use of images from this case and others! fee (the “U.S. Sirius responded that it clearly disclosed the fee and that no reasonable consumer would be confused.

Music 59

Music Contracts Advertising Advertising 59

IP Watchdog

AUGUST 18, 2022

Responding to the patent term adjustment obligation under the Canada-United States-Mexico Agreement (CUSMA) and to “streamline the patent examination process”, the Canadian government has registered major changes to the Canadian Patent Rules.

Patent 72

Patent Patent Application Government Intellectual Property 72

The IPKat

FEBRUARY 12, 2024

DNS means ‘domain name system’. Every domain has a unique Internet Protocol (‘IP’) address, consisting of four numbers. The website ddl-music.to provided a download link to one of her music albums without hosting the album itself. Cloudflare provided DNS resolver and CDN services to the operator of ddl-music.to. Cloudflare appealed. ddl-music.to

Copyright Infringement 70

Copyright Infringement Copyright Art IP 70

43(B)log

MARCH 23, 2023

Apple also argued that its iTunes Store terms and conditions alerted the plaintiffs (and other consumers) to the possibility that they might lose access to purchased digital content and should download digital content to prevent that possibility. The right to use something may last but a moment or forever.

Licensing 72

Licensing Advertising Advertising Ownership 72

Intepat

JANUARY 24, 2024

LICENSE TERMS UNDER LICENSING AGREEMENTS: It’s crucial to specify the key terms and conditions in the applicable licensing agreement. Considerations for sub-licensing, including any specific limitations or financial terms.

Intellectual Property 52

Intellectual Property Licensing IP Ownership 52

Technology & Marketing Law Blog

FEBRUARY 17, 2024

That choice led the plaintiff to this screen: If plaintiff had clicked on the “Terms” link at the bottom right, it would have led to CMG’s “Visitor Agreement” that included an arbitration clause. ” Thus: Immediately following the invitation to learn more is a plainly clickable hyperlink to the “Terms.” .”

Privacy 87

Privacy Litigation Marketing Marketing 87

IP Watchdog

MAY 11, 2022

The feedback period ended May 9 and asked stakeholders to submit their views on: “(i) transparency; (ii) the concept of licensing on FRAND terms and conditions, including the level of licensing; and (iii) effective enforcement.”.

Licensing 105

Licensing Law Patent Patent Infringement 105