Technology & Marketing Law Blog

MAY 2, 2022

Irreparable Harm / Balance of Equities : The court confirms that no viable alternative data sources exist for hiQ. 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. Eric’s Comments.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Plagiarism Today

APRIL 20, 2022

Web scraping has been a divisive topic both ethically and legally in large part because of variety of activities it covers. This case pits the social networking site LinkedIn is targeting the data company HiQ. Copyright and breach of contract are just two other areas to consider. The Divisive History of Web Scraping.

Licensing 233

Licensing Government Plagiarism Copyright 233

LexBlog IP

FEBRUARY 7, 2024

So far, a significant proportion of cases involving AI have centred around privacy, data protection intellectual property issues. 4] Globally, countries are at varying stages in enacting rules governing AI, signalling a range of approaches to the technology’s regulation across jurisdictions. [5]

Publishing 52

Publishing Government Litigation Inventor 52

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

IP Tech Blog

JANUARY 23, 2023

Again, the ASA does not consider this data to be sufficiently accurate. Therefore, the ASA held that the ad breached rules 16.1, Even when there was no evidence that a child had viewed Ladbrooks’ ad, the regulator still held there to have been a breach of the rules. interests and accounts followed) to support its age inferences.

Advertising 62

Advertising Advertising Social Media Marketing 62

The IPKat

JUNE 13, 2022

There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract. Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8. This, alongside jurisdiction issues, creates challenges for enforcement.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

LexBlog IP

JANUARY 23, 2023

Again, the ASA does not consider this data to be sufficiently accurate. Therefore, the ASA held that the ad breached rules 16.1, Even when there was no evidence that a child had viewed Ladbrooks’ ad, the regulator still held there to have been a breach of the rules. and 16.3.12

Advertising 52

Advertising Advertising Social Media Marketing 52

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff pointed out that HDR gained access to the group on a false pretense (claiming to be interested in the topic, when really it was just a data snarfer). Breach of contract, perhaps? The ECPA requires the plaintiff to show that “her posts in the Groups were not readily accessible by the general public.”

Privacy 133

Privacy False Advertising Contracts Advertising 133

Trading Secrets

APRIL 5, 2022

In the second session of the series, we will dive into the world of Insurance and how the focus is turning to increased protection for potential cyber and data breach incidents, as well as key trends in the following areas: Trial Outlook. to 11:00 a.m. Consumer Class Action Defense. Consumer Financial Services Litigation.

Litigation 59

Litigation Privacy Reporting Business 59

TorrentFreak

SEPTEMBER 15, 2021

Several of the movie companies are Voltage affiliates and in our second report on the topic, we wondered whether members of this coalition intended to go after alleged pirates in the UK. The handover of customer data took place and Virgin customers are now receiving correspondence relating to their allegedly infringing behavior.

Settlement 98

Settlement Copyright IP Reporting 98

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. In 2020, Sifuentes sued Dropbox for a 2012 data breach. No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v. Why so long?

Contracts 107

Contracts Blogging Business Law 107

Patently-O

SEPTEMBER 7, 2022

Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Zealand’s patent applications also published relating to the same topic.

Music 58

Music Contracts Confidentiality Litigation 58

SpicyIP

JULY 5, 2021

Topical Highlight. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

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. Bye bye casual browsing.

Privacy 137

Privacy Designs Design Business 137

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Velocity of Content

MARCH 9, 2023

This is the second in a series of posts on the topic of Data Management. Today we are focusing on the concept of data governance and its importance in furthering the aim of transforming data into an organizational asset. planning, monitoring, and enforcement) over the management of data assets.”

Government 74

Government Business Copying Licensing 74

TorrentFreak

APRIL 14, 2024

If the vision for the creation of the web included a day one feature that could restrict access to content, people working on their own specialist topics, catering to their own niche audiences, would’ve happily pressed the button. BPC removes the need for credit card hunts, not to mention the pain of any subsequent data breaches.

Publishing 106

Publishing Copying Marketing Marketing 106

IP and Legal Filings

DECEMBER 9, 2022

In the fall of 2021, two new data privacy and security rules in China went into effect. Data localization, data export, and data protection rules that first emerged in the Chinese Cybersecurity Law in 2017 are further outlined in the Data Security Law and the Personal Information Protection Law.

Privacy 85

Privacy Law Business Branding 85

IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. A “Smart” product is a data processing object, which has several interactive functions. In particular, Section 4.3 It remains to be seen whether at the time of enforcement, such designs will be allowed to protect the use of the Street lamp in a game or Metaverse context.

Design Patent 57

Design Patent Designs Design Patent 57

Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). or GPT-4) as part of its training data.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. A “Smart” product is a data processing object, which has several interactive functions. In particular, Section 4.3 A smart product combines the physical and software interfaces. However, the physical element is key to the definition of “Smart.”

Design Patent 52

Design Patent Designs Design Patent 52

Technology & Marketing Law Blog

MAY 5, 2022

My points relate only loosely to “dark patterns,” but there was no better place for my remarks in the hearing’s initial taxonomy of topics. I understand the topic taxonomy reflected what the agency wanted to hear about, but it also inhibited participation by leaving no identifiable space for other issues that constituents want to raise.

Privacy 86

Privacy Blogging Law Business 86

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. We have also noted that this was not the only class action filed in the US against Open AI, since a parallel class action was based on alleged data breach.

Blogging 64

Blogging Law IP Copyright 64

Technology & Marketing Law Blog

DECEMBER 18, 2021

The Coronavirus Reporter app “sought to collect ‘bioinformatics data’ from users about COVID-19 symptoms that it would then share with ‘other users and [unidentified] epidemiology researchers.'” Breach of Contract. This case involves two apps that Apple rejected from its app store.

Reporting 101

Reporting Law Contracts Advertising 101

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Plaintiff asserted three claims: (I) breach of the Reseller Agreement; (II) misappropriation of trade secrets under the Delaware Uniform Trade Secrets Act (the “DUTSA”); and (III) unjust enrichment. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Kluwer Copyright Blog

JANUARY 31, 2022

The topic of the 2014 paper was provided by Bernt Hugenholtz. Some of the rules are constitutive; some regulatory (defining, for example, what happens if the rules are breached). More from our authors: Law of Raw Data. Bernt Hugenholtz, Kluwer Law International, 2021. The rules are structured around 17 ‘laws’.

Copyright 102

Copyright Intellectual Property Social Media Law 102

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. But the propriety of data scraping has also challenged through claims under the CFAA. LinkedIn case, a high profile data scraping case brought under the CFAA, which has made multiple trips to the U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? The panel says that there’s no First Amendment implications of requiring Internet services to provide terminated users with access to their data for 60 days after termination. “S.B.

Social Media 96

Social Media Law Blogging Publishing 96

LexBlog IP

MAY 22, 2023

And for today’s meeting two items were on the agenda: a new policy statement on biometric information and some follow-up on the Health Breach Notification Rule. The FTC has already engaged in some law enforcement involving how companies use biometric data. First up on the agenda was the biometric policy statement.

Privacy 52

Privacy Technology Business Law 52

LexBlog IP

MARCH 2, 2022

Without sweeping federal laws on this topic, we expect to see states pass legislation in the coming years that restricts the use of such algorithms — creating yet another patchwork of regulation for companies to comply with. 9: Data Breach Enforcement. Prediction No. Prediction No. 10: Continued Privacy Patchwork.

Privacy 52

Privacy Marketing Marketing Advertising 52