Technology & Marketing Law Blog

MAY 2, 2022

The court notes that permission means a username and password, but doesn’t list what else fits into this category. ” Does this mean that courts will reject any claim, including a TTC claim, that could lead to “information monopolies”? See also the essential facilities discussion below).

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

OCTOBER 16, 2023

Means-Fit The law falls apart on the means-fit analysis. Plus, the follow-your-policies requirement wasn’t limited to children or their well-being, so it wasn’t narrowly tailored to the bill’s scope. Plus, the court again credits evidence that businesses would toss kids overboard rather than comply with this requirement.

Designs 78

Designs Design Privacy Business 78

Technology & Marketing Law Blog

JUNE 27, 2022

Third, this bill reaches topics well beyond children’s privacy. Instead, the bill repeatedly implicates general consumer protection concerns and, most troublingly, content moderation topics. Configure default settings to a “high level of privacy protection,” whatever that means. See my excoriation of AB 587.

Privacy 137

Privacy Designs Design Business 137

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

If Section 230 were repealed, US courts would potentially have to grapple with the theoretical questions that the Australian High Court struggles with; plus the First Amendment would come into play. Having taken action to secure the commercial benefit of the Facebook functionality, the appellants bear the legal consequences.

Publishing 96

Publishing Social Media Blogging Law 96

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. “performs a public information function comparable to that traditionally served by newspapers and other periodical news publications.” ” What publications don’t serve that function?

Journalism 88

Journalism Social Media Publishing Government 88

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? 7072 interferes with social-media platforms’ own ‘speech’ within the meaning of the First Amendment. The panel answers that question decisively yes. “S.B.

Social Media 96

Social Media Law Blogging Publishing 96

LexBlog IP

JULY 21, 2021

” That can mean rights to the name (or one of the names) itself. It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. Plus TESS shows live US trademarks for or including: God–thousands.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. So obviously this is a quite expansive view of what it means to “create” third-party content. Plus, because of the court’s interpretation of 1591/1595, the Section 230 question wouldn’t resolve the case. * * *. THE MINDGEEK LITIGATION.

Blogging 118

Blogging Reporting Publishing Law 118

Technology & Marketing Law Blog

JUNE 21, 2022

… Second, what does “a bounded system” mean?…The I also don’t understand what constitutes a “connection,” what a “list of connections” means, or what it means to “populate” the connection list. Is there even such a thing as a “semi-private” or “non-public” profile?…

Social Media 119

Social Media Law Publishing Reporting 119

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

BI had asked FDA to change its interpretation of the term “strength” as used in the BPCIA for parenteral solutions to mean “total drug content” without regard to concentration. is a ‘submit[ter]’ of the aBLA within the meaning of 35 U.S.C. § M’) and is not a functional limitation.” (Dkt. In July 2021, the U.S. M and about 1.0”

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

OCTOBER 27, 2022

From a legal standpoint, this inquiry into what it means to “publish” content is quite straightforward. As the court correctly notes, “promotion” and “distribution” of user content are quintessential publisher functions. We’ll soon find out if their decision will end the UGC ecosystem.

Publishing 117

Publishing Designs Design Blogging 117

LexBlog IP

JANUARY 23, 2024

Since that time and perhaps dealing with inadequate specifications filed prior to Amgen , prosecutors have considered whether fallback claiming techniques such as Jepson format claiming or mean-plus-function formatted claims can at least secure some protection in the case where broader claims fail.

Invention 52

Invention Art Law Technology 52

Technology & Marketing Law Blog

DECEMBER 30, 2021

The reality is that online service providers engage in the inherently expressive editorial function, which is the very antithesis of being a mere common carrier and is a form of speech protected by the First Amendment. Florida cannot overcome that reality by slapping on the “common carrier” label.” State’s Reply Brief.

Social Media 110

Social Media Law Privacy Blogging 110