Technology & Marketing Law Blog

JULY 19, 2023

On the last of the three signup webpages, legal copy abounds, with some text appearing on the left-hand side of the page underneath high-level explanations of the trial membership. In screenshot #3, the phrase “I agree to the Terms and Privacy Policy” isn’t expressly linked to any action, so the court disregards it.

Privacy 90

Privacy Contracts Marketing Marketing 90

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. & Prof. Section 230. Bonne chance.”).

Contracts 92

Contracts Social Media Advertising Advertising 92

IP and Legal Filings

AUGUST 19, 2022

The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. Every Indian citizen has the fundamental right to liberty and the right to privacy thanks to the protections provided by Article 21 of the Indian Constitution. Picture Credit: Shutterstock].

Copyright 52

Copyright Database Right Privacy Technology 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 136

Trademark False Advertising Advertising Advertising 136

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. Industries: advertising, merchandising, movies/TV, and video games.

Fair Use 59

Fair Use Contracts Litigation Copying 59

43(B)log

AUGUST 17, 2021

In early 2020, “cybercriminals orchestrated a two-part ransomware attack on Blackbaud’s systems,” copying plaintiffs’ data and holding it for ransom. California Consumer Privacy Act : The CCPA provides a private right of action for actual or statutory damages to “[a]ny consumer whose nonencrypted and nonredacted personal information.

Privacy 59

Privacy Business Litigation Confidentiality 59

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Amazon went into users’ Kindles and removed copies of Orwell’s 1984. Property v. property: TM v.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

AUGUST 3, 2023

Are the outputs copies of the training data? Copying takes place prior to training; converted into tokens and training is a process of adjusting weights in the model, not copying tokens. 3) reasonable measures to safeguard privacy interests. (4) Did they influence how you advertise? FTC and FDA think this already!

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? Standing makes him nervous b/c of privacy. Privacy/consumer protection: FTC has jerry-rigged a guardianship of the public interest; California also passed a specific law with a specific agency (which Eric Goldman loves).

Trademark 45

Trademark Law Branding Brands 45

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. What are you going to do instead, advertise on Bing? If something isn’t protected by IP, it’s free for copying. We like copying! legit competition on the merits.

Law 119

Law Branding Brands Branding 119