Technology & Marketing Law Blog

MAY 17, 2024

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 109

Blogging Contracts Fair Use Copyright Law 109

Technology & Marketing Law Blog

AUGUST 29, 2022

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 88

Editing Social Media Blogging Advertising 88

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 136

Privacy IP Technology Reporting 136

Technology & Marketing Law Blog

JANUARY 24, 2023

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 113

Law Social Media Government Privacy 113

Technology & Marketing Law Blog

APRIL 16, 2022

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. These basic principles “apply with equal force to contracts formed online.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 110

Contracts Designs Design Law 110

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 52

Barry Sookman

APRIL 3, 2022

EU, US set to agree on landmark transatlantic data transfer pact [link] 2022-03-27. United States and EU Announce Trans-Atlantic Data Privacy Framework [link] 2022-03-27. Privacy Shield to Intensify – National Law Review [link] 2022-03-27. Computer and Internet Weekly Updates for 2022-03-26 [link] 2022-03-27.

Privacy 57

Privacy Contracts Blogging Copyright 57

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

Privacy 40

Privacy Law Higher Education Contracts 40

LexBlog IP

FEBRUARY 18, 2022

Porter Wright is proud to announce that international business and privacy & data security attorney Katja Garvey has been elevated to serve as chair of the firm’s International Business & Trade Practice Group. International business, and privacy and data security experience.

Privacy 52

Privacy Business Law Contracts 52

Barry Sookman

MAY 8, 2022

Computer and Internet Weekly Updates for 2022-04-30 [link] 2022-05-01. The Anti-Copyright Hyperbole Fails to Sway the Canadian Government – Hugh Stephens Blog [link] 2022-05-01. It is not unlawful for a government to use modern means of communication which delete communications and make them… [link] 2022-05-01.

Privacy 57

Privacy Contracts Government Blogging 57

The IPKat

DECEMBER 13, 2022

This Africa IP Highlights 2022 is the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated.

Copyright 120

Copyright IP Music Ownership 120

LexBlog IP

NOVEMBER 3, 2022

California law will soon require businesses to treat their employees and business partners as consumers under the California Consumer Privacy Act (CCPA). Previously, the CCPA excluded employee data; however, this exemption is set to expire on December 31, 2022. However, this exemption also is set to expire on December 31, 2022.

Privacy 40

Privacy Business Contracts Law 40

Olartemoure Blog

NOVEMBER 11, 2022

Regulatory decree 255 of 2022. Sensitive Data is defined as the personal data that affects the privacy of the Data Subject or whose inadequate use may lead to discrimination against the Data Subject. Regulatory Decree 255 of 2022. Colombia privacy regulations se publicó primero en OlarteMoure | Intellectual Property.

Privacy 52

Privacy Law Intellectual Property Business 52

IPilogue

JANUARY 9, 2023

I worked within the legal team, under the supervision of Denise Lacombe, Head of Legal and collaborated with Lynne Sweeney, Legal Counsel and Cristina Aguirre, Privacy Officer as well. AstraZeneca is a global company, some contracts can require engaging in services in other countries.

Business 110

Business Privacy Contracts Confidentiality 110

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy 134

Privacy False Advertising Contracts Advertising 134

Trading Secrets

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. Overview of Non-Compete Legislation and Enforcement Issues from 2022. View the Recording. View the Recording.

Confidentiality 59

Confidentiality Business Law Contracts 59

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 137

Privacy Designs Design Business 137

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

OCTOBER 16, 2022

The plaintiff alleged negligence, negligent infliction of emotional distress, and invasion of privacy based on third-parties posting her private information and allowing users to threaten her with murder and rape. ” Contract Breach. 2022 WL 4913347 (N.D. ” Section 230. Yes, citing Cross v. Citing Barnes v.

Government 95

Government Privacy Blogging Publishing 95

43(B)log

FEBRUARY 18, 2022

Goodman: Startup Law clinic: incorporation, TM, contract formation. FDA, HIPAA, privacy, patents, FAA drone rules, etc. Contract w/MIT: obligated to help every student who comes to us. Income thresholds, using Patent Office’s standards for small enough to serve. Gets you in and gets you started. That can be a struggle.

IP 61

IP Contracts Business Privacy 61

TorrentFreak

FEBRUARY 7, 2023

Court Dismissed Bungie’s Copyright Claims In May 2022, U.S. Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. Bungie did so by exceeding the authorization provided to it by the Bungie Privacy Policy. This attempt was more successful.

Contracts 122

Contracts Privacy Copyright Infringement Copyright 122

LexBlog IP

DECEMBER 30, 2022

As 2022 comes to a close, we review Big Molecule Watch’s top five biosimilar regulatory developments of the year: USPTO Outlines New Initiatives Regarding Drug Pricing. The post Year in Review: Top Biosimilars-Related Regulatory Developments of 2022 appeared first on Big Molecule Watch.

Reporting 52

Reporting Patent Application Intellectual Property Marketing 52

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

LexBlog IP

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. Overview of Non-Compete Legislation and Enforcement Issues from 2022. View the Recording. View the Recording.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

DECEMBER 13, 2023

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.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. 2022 WL 1459568 (N.D.

Contracts 123

Contracts Publishing Licensing Editing 123

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 104

Contracts Privacy Social Media Advertising 104

LexBlog IP

JULY 8, 2022

The Freelance Isn’t Free Act (the “Act”) if signed, would amend the New York Labor Law to establish rights for covered freelance workers such as the rights to receive a written contract, receive timely and full payment, and freedom from retaliation. text: ‘Privacy’, }. }. }); }); Independent Contractors.

Designs 52

Designs Design Law Contracts 52

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. One lesson: Threats to privacy are threats to communities and practices that sustain creativity.

Public Domain 52

Public Domain Contracts IP Privacy 52

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Patently-O

MARCH 13, 2022

OK Foods , 2:21-CV-02200, 2022 WL 738072 ( W.D. 10, 2022 ). Coffey sued OK Foods, bringing a class action for negligence, breach of implied contract, breach of confidence, invasion of privacy, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing. by Dennis Crouch. She got the job.

Privacy 120

Privacy Contracts Copying Reporting 120

43(B)log

FEBRUARY 19, 2022

Business frame obscures broader privacy harms. Amazon may also be able to redefine information by contract. It’s ok for consumers to care about price and quality, and not much else. What did FB do wrong when sharing information with third parties when it told people it was going to do that? and so Amazon swoops in.

Law 119

Law Branding Brands Branding 119

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. ” Publisher/Speaker Claims. ” Oops.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

TorrentFreak

MAY 29, 2023

By June 2022, Bungie had a $13.5 By June 2022, Bungie had a $13.5 Bungie Asks Court For More Time Earlier this month, Bungie was awarded over $16 million against a single defendant, with claims spanning copyright law, breach of contract, and civil RICO violations.

Copyright 130

Copyright Privacy Settlement Copyright Infringement 130

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. District Court for the District of Nevada (filed April 11, 2022). Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Application. reportAd: {.

Contracts 59

Contracts Confidentiality Privacy Ownership 59