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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.

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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. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy.

Blogging 109
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YouTube, Facebook, & TikTok Won’t Discuss Bad Takedowns? Get Over It, They’re Busy

TorrentFreak

Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. But that’s only the beginning.

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

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Yearbook Defendants Lose Two More Section 230 Rulings

Technology & Marketing Law Blog

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. Whitepages decision , a more significant decision than I initially thought, the plaintiffs are making progress in the early rounds of their cases. Callahan v.

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2022 Internet Law Year-in-Review

Technology & Marketing Law Blog

As part of Musk’s ElonJet crackdown, he blocked journalists for reporting on the story. This was always a tough case involving possible conflicts between Section 230 and the Fair Credit Reporting Act. It also puts users’ privacy and security (including minors’!) Henderson v. Source for Public Data.

Law 113
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NFTs: New Frontiers for Trademarks

IP Tech Blog

NFTs also may embody or use trademarks. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.