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2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Technology & Marketing Law Blog

Marketing. * 30, 2022): Tofurky prevails on the merits of its argument that that [sic] the speech it not inherently misleading. 2022 WL 17248983 (9th Cir. Parker, 2022 WL 17403220 (D.D.C. “ Privacy. * In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. Comptroller , No. C-02-cv-02-10509 (Md.

Privacy 99
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Announcing the 2022 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

I’m pleased to announce the 2022 edition (13th edition) of my Internet Law casebook, Internet Law: Cases & Materials. For what it’s worth, this year I’ll teach the course in Spring 2023 instead of Fall 2022). I posted the 2022 version, so it’s as fresh as it gets. a hardcover version for $28. Jurisdiction.

Editing 140
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FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Technology & Marketing Law Blog

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. Google LLC , 2022 WL 17736778 (N.D. 16, 2022). * * *.

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My “Summer” 2022 Activities

Technology & Marketing Law Blog

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

Editing 89
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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 127
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2022 Internet Law Year-in-Review

Technology & Marketing Law Blog

Three dynamics combined to make 2022 a brutal year for Internet Law. In 2022, this partisan calculus prompted a steady stream of poorly conceived messaging bills. Third, 2022 was an election year, so politicians on all sides pretended they cared about “protecting kids online.” As bad as 2022 was, 2023 will be worse.

Law 114
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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.” The hyperlinks were underlined but.

Contracts 111