Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Nevertheless, the plaintiffs argued that the law “evidences a strong public policy to protect Texans from wrongful censorship on social media platforms.” appeared first on Technology & Marketing Law Blog.

Social Media 77

Social Media Law Litigation Blogging 77

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 90

Social Media Ownership Contracts Privacy 90

Technology & Marketing Law Blog

AUGUST 12, 2021

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” Unlike a parodic use, widespread adoption of the Sinclair Defendants’ use could overtake the market for Nicklen’s video. United Sports.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order.

Social Media 99

Social Media Law Blogging Publishing 99

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

IP Tech Blog

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 57

Marketing Marketing Branding Brands 57

Technology & Marketing Law Blog

JULY 16, 2021

22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Advertising/E-Commerce. Ariix, LLC v.

Advertising 108

Advertising Advertising Contracts Social Media 108

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Comptroller , No.

Privacy 99

Privacy Marketing Marketing Social Media 99

Technology & Marketing Law Blog

AUGUST 31, 2023

Blog post coverage of that ruling here. ” “Plaintiff appears to argue Twitter’s placement of information in “social media feeds” renders it an information content provider. . Contract Breach. Twitter appeared first on Technology & Marketing Law Blog. The user tried again. Same result.

Contracts 108

Contracts Social Media Blogging Publishing 108

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Fourth, Defendant agreed with Facebook to divide markets to ensure Facebook would not develop a competing product. The court dismissed the market division argument on the grounds that it was time barred.

Blogging 106

Blogging Cease and Desist Contracts Marketing 106

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. Facebook v.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Technology & Marketing Law Blog

NOVEMBER 22, 2021

The post All of Trump’s Social Media Lawsuits Now Have Been Transferred to the Defendants’ Home Courts–Trump v. Facebook appeared first on Technology & Marketing Law Blog. Facebook, Inc., 21-22440-civ-williams (S.D.

Social Media 71

Social Media Blogging Law Marketing 71

Technology & Marketing Law Blog

AUGUST 10, 2023

I just blogged one involving LinkedIn yesterday. Different social media service, same result–case dismissed. The court dismisses the plaintiff’s claims: Breach of Contract. The TOS allows Instagram to disable accounts in many circumstances, so there wasn’t a contract breach. Tortious Interference.

Contracts 76

Contracts Social Media Blogging Business 76

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

Social Media 115

Social Media Contracts Advertising Advertising 115

Technology & Marketing Law Blog

MAY 22, 2024

May 17, 2024) I’m blogging this one for completeness because I remain fascinated by the incredible futility of account termination/content removal lawsuits. This case got a little media coverage in October. Google Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Georgia Auto Group LLC v.

Litigation 69

Litigation Social Media Government Publishing 69

Technology & Marketing Law Blog

JULY 12, 2022

You might also check out (1) my Internet Law course page , which includes a quarter-century of syllabi and old exams with sample answers, (2) my article on “ Teaching Cyberlaw ,” (3) my blog post on teaching Internet Law as an online-only course , and (4) my Canvas modules for my Fall 2021 online-only course. Social Media.

Editing 140

Editing Law Social Media Privacy 140

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Market Effect. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Prior Tattoo Copyright Blog Posts. Nature of the Work.

Copyright 143

Copyright Social Media Fair Use Licensing 143

IP Tech Blog

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The ASA’s ads will alert consumers to the influencers’ failure to properly disclose their ads and will be targeted at the very same audiences that the social media personalities seek to influence.

Social Media 57

Social Media Advertising Advertising Branding 57

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. See generally, Christopher A.

Social Media 80

Social Media Contracts Ownership Business 80

Technology & Marketing Law Blog

DECEMBER 9, 2023

ICS provider: “message boards and social media sites qualify as ‘interactive computer services.'” Twitter appeared first on Technology & Marketing Law Blog. ” Third party content: Plaintiff “is responsible for the creation of his tweets, which were circulated via Twitter.”

Social Media 81

Social Media Blogging Publishing Marketing 81

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Berenson sued Twitter. Section 230.

Social Media 108

Social Media Contracts Government Publishing 108

IPilogue

JULY 28, 2022

TikTok’s effectiveness, as a music marketing tool, became apparent during the early COVID 19 quarantine period, at which time a TikTok influencer created choreography to rapper Megan Thee Stallion’s newly released single, “Savage.” From a label’s perspective, marketing is equally as important as music production.

Music 117

Music Social Media Marketing Marketing 117

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. See my extensive blog coverage of Medical Justice.

Contracts 62

Contracts Social Media Business Blogging 62

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

Social Media 127

Social Media Law Privacy Government 127

Technology & Marketing Law Blog

AUGUST 2, 2021

You might also check out (1) my Internet Law course page , which includes 24 years of syllabi and old exams with sample answers, (2) my article on “ Teaching Cyberlaw ,” (3) my blog post on teaching Internet Law as an online-only course , and (4) my Canvas modules for the 2020 online-only course. Blogs and Social Networking Sites.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. RIPTwitter. * * * Most readers should stop reading the blog post here. Breach of Contract Twitter’s TOS bans scraping.

Litigation 86

Litigation Contracts Advertising Advertising 86

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. Introduction.

Publishing 81

Publishing Contracts Social Media Art 81

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Consumer Reviews * Route App, Inc. Heuberger , 2023 WL 5334192 (D. Further, the disparagement agreement is not limited by common-law defamation requirements. * The final version of the INFORM Consumers Act. *

Social Media 73

Social Media Privacy Advertising Advertising 73

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts. I’ve blogged 100+ posts so far this year.

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements.

Law 114

Law Social Media Government Privacy 114

Technology & Marketing Law Blog

NOVEMBER 24, 2021

” Once again, Section 230 can preempt contract-based claims that are backdoor workarounds to Section 230. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. The leading case on that point is Murphy v.

Social Media 141

Social Media Government Publishing Contracts 141

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. –RyanAir v.

Blogging 88

Blogging Cease and Desist Business Litigation 88

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 110

Social Media Reporting Government Law 110

Technology & Marketing Law Blog

OCTOBER 27, 2021

I didn’t blog the motion in part because I wasn’t sure if the court would ever hear it in its current form. (Of Of course, Mike Masnick blogged it at Techdirt ). Twitter appeared first on Technology & Marketing Law Blog. This is not a hard case.

Social Media 124

Social Media Blogging Law Government 124