Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. Amazon updated the TOS in 2019 to make explicit that arbitrability would be decided by an arbitrator, and it emailed the drivers the new TOS. We have previously observed the importance of notice in the analogous context of electronic consumer contracts. It did not do so.”

Contracts 76

Contracts Copying Technology Licensing 76

Barry Sookman

MARCH 24, 2020

To consummate transactions and to otherwise engage in contractual activities, organizations have increasingly relied on electronic means of contracting using everything from webwraps and clickwraps (and hybrid variations of these forms of agreements) and electronic documents executed using electronic signatures. Durocher, 2019 SKCA 97; R.

Contracts 52

Contracts Law Business Technology 52

Plagiarism Today

NOVEMBER 17, 2021

They are a way to sell “unique” copies of digital works but do not transfer any rights. Nonetheless, Mirimax claims to hold all the copyrights and trademarks related to the film, prompting them to file a lawsuit for breach of contract, copyright infringement, trademark infringement and unfair competition.

Non-Fungible Tokens 156

Non-Fungible Tokens Copyright Infringement Publishing Television 156

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 116

Contracts Registration Litigation Copying 116

Plagiarism Today

OCTOBER 21, 2021

First off today, Diane Haithman at TheWrap reports that filmmakers Spike Lee and Nate Parker have been sued for copyright infringement over allegations that their 2019 Film American Skin is an infringement of an earlier screenplay. They allege that American Skin copies elements from their 2017 screenplay, A Routine Stop.

Copyright Infringement 194

Copyright Infringement Social Media Publishing Licensing 194

Plagiarism Today

AUGUST 30, 2022

Handling citation after one has finished writing a piece opens the door to serious mistakes, including passages that were copied but not quoted, missing citations and forgotten sources. One of the major changes in the past decade has been the rise of contract cheating. However, that is not the case. 2: Avoid Free Plagiarism Checkers.

Plagiarism 223

Plagiarism Contracts Copying Editing 223

The IPKat

MAY 18, 2024

In March 2019, Mr T noticed that a still from his short film had been extracted and modified for use on all ECAR CAMPUS's media. In these circumstances, on 5 June 2019, Mr T brought a claim against ECAR CAMPUS for copyright infringement before the Tribunal judiciaire of Lyon (TJ). It also confirmed that Mr T was its author.

Moral Rights 57

Moral Rights Cinema Copyright Infringement Copyright 57

Plagiarism Today

APRIL 20, 2022

For much of the web’s recent history, we scraping commonly referred a technique through which spammers would copy content from a website and republish it, either rewritten or verbatim. In 2019, the same court found largely the same thing , but chose to revisit the issue following the Supreme Court ruling last year.

Licensing 242

Licensing Government Plagiarism Copyright 242

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Designs Design Copyright Law 62

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

LexBlog IP

OCTOBER 28, 2021

Automotive data and software company CDK Global LLC (CDK), filed suit in 2019 against the Arizona Attorney General in the U.S. However, the Ninth Circuit disagreed and said that it would be possible for CDK to comply with this law without having to create a new copy of its software for these third-party requests.

Privacy 40

Privacy Copying Contracts Law 40

Trading Secrets

JULY 11, 2023

Background & Analysis In February 2019, Telecom firm Teligistics, Inc. d/b/a Liquid Networx (“Liquid Networx”) and company executives Travis Wood and Robert Short, alleging they misappropriated trade secrets concerning its online platform for handling contracts named Telibid. The case citation is Teligistics Inc.

Confidentiality 40

Confidentiality Contracts Copying Technology 40

TorrentFreak

SEPTEMBER 7, 2022

In 2019, Cox Communications was ordered to pay a billion dollars in damages to record labels. According to the plaintiffs, IP addresses allocated to Verizon/Cellco Partnership were monitored by anti-piracy tracking outfit Maverickeye downloading and sharing pirate copies of their movies. Hundreds of Thousands of Infringements.

Copyright Infringement 127

Copyright Infringement Copying IP Reporting 127

TorrentFreak

JANUARY 31, 2023

They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content. A copy of the agreement is offered as evidence and signed by Kumar. Millions + Pornhub.com Goodporn accuses MG Premium of unfair business practices and breach of contract.

Copyright Infringement 82

Copyright Infringement Contracts Ownership Copyright 82

LexBlog IP

JULY 11, 2023

Background & Analysis In February 2019, Telecom firm Teligistics, Inc. (“Teligistics”) sued its rival Advanced Personal Computing, Inc. Teligistics alleged the Liquid Networx “sanitized” its RFP by changing the names of parties to secure contracts for financial gain. The case citation is Teligistics Inc.

Confidentiality 40

Confidentiality Contracts Copying Technology 40

The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

Contracts 96

Contracts Law Artwork Copyright 96

The IPKat

MAY 12, 2023

The UK proceedings meanwhile were commenced in September 2019 alleging that Mr Aughton copied or otherwise made use of the PQ software ProSPC when he wrote InSPC v1 and v2 (either by use of automatic translation software, or manually, or a combination of the two).

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

TorrentFreak

SEPTEMBER 19, 2022

May, who played Destiny 2 and agreed to its Limited Software License Agreement (LSLA) in the fall of 2019. This older copy is the one presented by Bungie as evidence. This didn’t stop Bungie from accessing Mr. May’s computer on several occasions between 2019 and 2021, as evidence gathered through discovery suggests.

Copyright Infringement 92

Copyright Infringement Copyright Copying Licensing 92

TorrentFreak

DECEMBER 4, 2023

The movie companies allege a breach of contract but note that due to the defendants’ alleged accounting deficiencies, they are unable to put an exact figure on the amount Hierl and his law firm failed to pay. Overall, Millennium believes that there is an enforceable contract and it’s owed $130,000 in collected settlements.

Settlement 99

Settlement Reporting Intellectual Property Contracts 99

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 122

Copyright Art Licensing Contracts 122

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band).

Music 98

Music Copyright Law Copyright Law 98

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

DECEMBER 6, 2022

hiQ Labs has been dormant and effectively insolvent since 2019. In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. when they were decided. But scratch the surface, and this appears to have been a Pyrrhic victory.

Blogging 76

Blogging Contracts Litigation Law 76

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

TorrentFreak

JANUARY 31, 2023

They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content. A copy of the agreement is offered as evidence and signed by Kumar. Millions + Pornhub.com Goodporn accuses MG Premium of unfair business practices and breach of contract.

Copyright Infringement 69

Copyright Infringement Contracts Ownership Copyright 69

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. Lack of good libraries even within an institution is the most common problem seen across our country. Way Forward.

Copyright 84

Copyright Licensing Higher Education Copying 84

43(B)log

DECEMBER 7, 2023

23, 2023) The individual defendants co-founded COY in 2019 to provide creator clients with a platform to offer subscription services. Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. But in Bell , the copy was apparently always infringing, which doesn’t seem to be the case here.

Web Development 59

Web Development Social Media Copying Copyright 59

BYU Copyright Blog

MARCH 11, 2024

of Education After four long years, the case involving Linda Woodson (Woodson) and the Atlantic Board of Education et al (the Board) , initiated in 2019, was finally concluded. Encyclopedia Iranica Foundation On August 26, 2019 , we first covered a case involving Columbia University and the Encyclopedia Iranica Foundation.

Settlement 40

Settlement Publishing Reporting Litigation 40

LexBlog IP

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

Contracts 52

Contracts Artwork Law Ownership 52

LexBlog IP

MAY 19, 2023

.” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. The majority found that AWF’s licensing of the “Orange Prince” copy to Condé Nast is not a substantially different purpose than Goldsmith’s photograph. 3d 312 (S.D.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art. Scope of protection (copyrighted works) 1.

Copyright 52

Copyright Law Copyright Law Contracts 52

Copyright Lately

MAY 7, 2021

In 2019, Warner Bros. Deciding the merits of Duthie’s claims is ultimately going to require a court to interpret a slew of contracts, assignments, judgments and other chain-of-title matters going back nearly a hundred years. Here’s a quick update on a case I first wrote about back in November involving Rin Tin Tin.

Ownership 83

Ownership Copyright Copyright Law Television 83

IP and Legal Filings

APRIL 8, 2023

Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

Privacy 73

Privacy Law Intellectual Property Music 73

TorrentFreak

NOVEMBER 8, 2022

The hosting company and its owner were indicted by a grand jury in Charleston, South Carolina in 2019, and stand accused of a scheme to fraudulently obtain IP addresses from ARIN. The filmmakers are also assigned any third-party contract breach claims the hosting company has against its clients. Brooke Jackson, is available here (pdf).

Copyright Infringement 79

Copyright Infringement Copyright IP Contracts 79

JIPEL Copyright Blog

DECEMBER 1, 2021

2019) opinion concerning data scraping was vacated and remanded this June by the Supreme Court to be reconsidered in light of the recently decided case Van Buren v. LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. The controversial HiQ v. LinkedIn , 938 F.3d 3d 985 (9th Cir.

Contracts 40

Contracts Licensing Copying Confidentiality 40

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. This instance brings out certain questions when will the work be considered as commissioned, contract for service or implied license? 6] NFTs as of today don’t provide the exclusive right to the owner to commercialise the artwork.

IP 52

IP Artwork Contracts Intellectual Property 52

Plagiarism Today

JUNE 8, 2022

Between 2009 and 2019, she held a very lucrative position at the Santa Clara County government. According to The Mercury News , In 2009, she was awarded a no-bid contract to be the sole grant writer for the county. However, it was in 2018 that she was offered an additional contract.

Plagiarism 257

Plagiarism Contracts Copying Editing 257