Blogging Cease and Desist Contracts Licensing 
Technology & Marketing Law Blog
MAY 13, 2024
sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.
Technology & Marketing Law Blog
JULY 26, 2023
Chegg sent a cease-and-desist letter to Homeworkify’s domain registrar, Namecheap, its proxy server, Cloudflare, and the email address associated with domain registration, but they have found nothing. (for Power Ventures, hiQ Labs, the ill-fated Southwest cases, and all the fancy new generative AI cases broadly fit into this category.
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Technology & Marketing Law Blog
FEBRUARY 27, 2022
On January 9th, American Airlines sent TPG a cease-and-desist letter. 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. Of course, Facebook objected and sent a cease-and-desist letter.
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.
Technology & Marketing Law Blog
AUGUST 24, 2023
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. Now, the primary vehicle to stop web scraping is with breach of contract claims. It’s user-generated content. In the end, it was a pyrrhic victory.
Erik K Pelton
JULY 14, 2022
Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. There are sites that have free licenses for a certain type of content.
Technology & Marketing Law Blog
DECEMBER 9, 2022
Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.
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