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Twitter Can’t Quash a 512(h) Subpoena

Technology & Marketing Law Blog

In October 2020, the user posted 6 tweets attacking Brian Sheth , a private equity billionaire, that included photos “depicting a woman or portions of a woman’s body.” Due to the failed fair use defense, the court orders Twitter to comply with the 512(h) subpoena. 2021 WL 6135300 (N.D.

Fair Use 106
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Digitalization And Copyright Law

IP and Legal Filings

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters. Kim cartoon and Ors.,

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use.

Blogging 123
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My “Summer” 2022 Activities

Technology & Marketing Law Blog

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Blog Posts.

Editing 85
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Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter

Technology & Marketing Law Blog

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

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Yearbook Defendants Lose Two More Section 230 Rulings

Technology & Marketing Law Blog

In the wake of the 2020 Lukis v. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Callahan v. Section 230. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation.

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WIPIP 2022, Session 3 (ROP/TM, (c) fair use)

43(B)log

Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona. Industries: advertising, merchandising, movies/TV, and video games. Saying “this is what people do” compared to “this is the law” is very useful. You can cluster fair use cases.