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3 Count: ACTing Fast

Plagiarism Today

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. According to the lawsuit, ACT and WIN were partners for nearly 15 years before their partnership ended in 2011.

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Infographic | Barbie movie

Olartemoure Blog

These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. In 2011… However, the verdict was later overturned in 2011 when the court rejected Mattel’s claims and instead sided with MGA. The court awarded MGA over $137 million for copyright infringement.

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Another Doctor Learns Why It’s Unwise to Sue Patients

Technology & Marketing Law Blog

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

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Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox

Technology & Marketing Law Blog

Sifuentes got a Dropbox account in 2011. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: That would be a legal fiction, but most online contract formation law is predicated on similar fictions). Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v.

Contracts 107
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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.

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Amazon & Big 5 Tell Judge: No Conspiracy Here

Velocity of Content

In 2011, Hagen Berman successfully sued Apple and five major publishers for colluding to fix e-book prices. In their brief, Albanese explains, the publishers assert that the alleged conspiracy does exactly what the publishers have long resisted, which is to ‘immunize’ Amazon from competition and solidify Amazon’s market position.

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Twitter Defeats Account Suspension Lawsuit Again–Al-Ahmed v. Twitter

Technology & Marketing Law Blog

2011) (affirming dismissal under Section 230(c)(1) based on the removal of the plaintiff’s user profile); King , 2021 WL 5279823, at *1 (holding Facebook has immunity under Section 230(c)(1) to the extent plaintiff’s claims were based on Facebook’s disabling plaintiff’s account). Sikhs for Just., Facebook, Inc. ,