Technology & Marketing Law Blog

AUGUST 2, 2021

Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. It makes a nice module to add an online contracts piece to another course. Toys ‘R’ Us v. Note About Fair Use. Weis Markets. Primer on CCPA/CPRA. Primer on FOSTA. Illinois v.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 12, 2022

Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Toys ‘R’ Us v. Note About Fair Use. Primer on CCPA/CPRA (partially deprecated).

Editing 139

Editing Law Social Media Privacy 139

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

Registration 111

Registration Fair Use Copyright Designs 111

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. 2)-(4) are all within the conventional incentives/access tradeoff lens.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Technology & Marketing Law Blog

JANUARY 27, 2022

The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. The Crisis of Online Contracts (as Told in 10 Memes) , Notre Dame J. Before that, John Ottaviani and I assembled lists of top Internet IP cases for 2005 , 2004 and 2003. Mahanoy School District v. Emerging Tech.

Social Media 125

Social Media Law Privacy Government 125

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk. 18, 2022 NetChoice LLC v.

Law 113

Law Social Media Government Privacy 113