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.” See blog posts on those rulings here and here.). Freedom Financial Network, LLC.

Contracts 111

Contracts Designs Design Law 111

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. Facebook Two More Courts Tell Litigants That Social Media Services Aren’t State Actors Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v.

Litigation 69

Litigation Social Media Government Publishing 69

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. Bright Data responded by closing its Meta accounts and terminating its online contracts with Meta. Meta Platforms, Inc.

Blogging 72

Blogging Contracts Cease and Desist Confidentiality 72

Technology & Marketing Law Blog

DECEMBER 23, 2022

This outcome is consistent with other “Internet of Things” cases, such as the 23andMe litigation (and, in a sense, the ProCD v. BONUS: Additional contracts links from the past six months. Applying the Ninth Circuit’s Berman case , the court says Uber’s contract formation was a “browsewrap.” Zeidenberg case from way back when).

Contracts 75

Contracts Privacy Registration Government 75

Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. That said, few scraping-related cases pursue these issues past the first few stages of litigation.

Blogging 106

Blogging Cease and Desist Contracts Marketing 106

Intellectual Property Law Blog

NOVEMBER 13, 2023

Epic also filed a separate petition requesting Supreme Court review of the lower court’s rejection of certain antitrust claims, but this blog only discusses the petition filed by Apple.) Rather, Apple complains that “the injunction extends to millions of developers worldwide who have no affiliation with Epic or this litigation.”

Contracts 278

Contracts Law Blogging Registration 278

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Breach of Contract 2. Trespass 5.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. By guest blogger Kieran McCarthy.

Blogging 101

Blogging Contracts Law Privacy 101

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. In re: StubHub Refund Litigation , No. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. This legal standard ensures lots of meritless litigation. 22-15879 (9th Cir. The court distinguishes Lee v.

Contracts 72

Contracts Law Reporting Blogging 72

Technology & Marketing Law Blog

DECEMBER 6, 2022

In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. Additionally, hiQ raised four affirmative defenses to the breach of contract claim: 1) unclean hands, 2) waiver, 3) estoppel, and 4) unconscionability. The opinion.

Blogging 77

Blogging Contracts Litigation Law 77

Technology & Marketing Law Blog

OCTOBER 6, 2021

Part of any assessment of the suitability of a datacenter location should be the legal implications that may arise from locating servers in a particular jurisdiction, including the possibility that local courts could extend their jurisdiction over the datacenter’s customers and become a venue for litigation against the customers.

Blogging 117

Blogging Business Litigation Ownership 117

Technology & Marketing Law Blog

OCTOBER 25, 2023

The litigants are in different markets. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. ” Market Effect. Netflix, Inc.

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Also, this is dicta. Defendant created an account to access Chegg’s data.

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

The IP Law Blog

FEBRUARY 10, 2023

Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging IP Law Contracts 52

IPilogue

MARCH 24, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. With that said, contracts should be clearly written, without legal jargon, to avoid litigation. Shayna Jan is an IP Intensive student and a 3L JD Candidate at Osgoode Hall Law School.

Contracts 105

Contracts IP Privacy Blogging 105

Technology & Marketing Law Blog

JULY 14, 2023

When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant.

Contracts 80

Contracts Blogging Litigation Licensing 80

Nelligan Law

DECEMBER 4, 2023

Reading Time: 2 minutes The quick answer: it depends on what your contract or stock option plan states during the reasonable notice period (after termination). Dos and Don’ts of a Stock Option Policy The timing of when employees get to exercise their options after dismissal has been extensively litigated. What are stock options?

Contracts 59

Contracts Litigation Blogging Law 59

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 88

Blogging Cease and Desist Business Litigation 88

Nelligan Law

NOVEMBER 30, 2023

Reading Time: 2 minutes The quick answer: it depends on what your contract or stock option plan states during the reasonable notice period (after termination). Do’s and Don’ts of a Stock Option Policy The timing of when employees get to exercise their options after dismissal has been extensively litigated. What are stock options?

Contracts 59

Contracts Litigation Blogging Law 59

Technology & Marketing Law Blog

JULY 10, 2021

Represented by Maria Cristina Armenta and Credence Elizabeth Sol, best known for litigating an ultimately unsuccessful censorial “Innocence of Muslims” lawsuit against YouTube, Daniels brought a routine “YouTube-is-censorsing-me” lawsuit seeking to impose must-carry obligations on YouTube. Alphabet Inc. July 8, 2021).

Contracts 117

Contracts Blogging Litigation Marketing 117

Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things.

Marketing 128

Marketing Marketing Contracts Business 128

JIPEL Copyright Blog

APRIL 15, 2022

However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation. However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation. Whether the change in ownership of iconic music rights will increase or decrease copyright litigation is unclear.

Music 52

Music Litigation Copyright Ownership 52

Technology & Marketing Law Blog

OCTOBER 29, 2021

That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). The court says this is the end of the road for Nicosia: [t]here must be an end to litigation someday, and free, calculated deliberate choices are not to be relieved from. __. Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v.

Contracts 84

Contracts Privacy Blogging Litigation 84

IP Tech Blog

FEBRUARY 8, 2024

First, AB 1076 renders all noncompete clauses in employment contracts void. Under the law, employers must individually inform current and former employees who have or had unlawful noncompetes in their contracts that those provisions are no longer valid. Regardless of where an employment contract is signed, the prohibition applies.

Law 57

Law Contracts Confidentiality Business 57

Technology & Marketing Law Blog

OCTOBER 7, 2021

YouTube’s TOS says: All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. YouTube appeared first on Technology & Marketing Law Blog.

Litigation 92

Litigation Social Media Law Blogging 92

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 117

Contracts Registration Litigation Copying 117

Technology & Marketing Law Blog

JULY 25, 2022

In a previous blog post , I criticized the Second Circuit’s ruling as inherently self-contradictory. My previous blog post contains detailed information about the Copyright Act’s three-year statute of limitations [ 17 U.S.C. § If it’s still unclear, go back and read my previous blog post on Sohm for a more detailed explanation.).

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

LexBlog IP

MARCH 6, 2023

This post was originally published on Seyfarth’s The Blunt Truth blog. For example, a contract used to hire thieves to rob a bank couldn’t be enforced by a court of law for the purpose of robbing the bank. Cannabis has become a growing sector for investment with increased focus by investors and entrepreneurs.

Litigation 52

Litigation Patent Design Patent Patent Application 52

Biswajit Sarkar Copyright Blog

AUGUST 23, 2023

An example of the same can be drawn from the recent litigation proceedings of Sony Music Entertainment v. This naturally caused a breach of contract on the part of Triller Inc. This form of litigation proceeding against the company is detrimental to the reputation and growth of the company and can often drive away investors.

Music 52

Music Intellectual Property Law Licensing Intellectual Property 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. 412 ] (Trump’s lawsuit also claims punitive damages, but both the Copyright Act and case law are clear that punitive damages are not available in copyright litigation.)

Copyright 120

Copyright Blogging Publishing Fair Use 120

IPilogue

JANUARY 25, 2023

Teva can never rely on a patent expiry date as another generic may be in litigation to invalidate that patent tomorrow, in which case Teva would be too behind to launch their own version of the medicine if they weren’t paying attention to the litigation within the industry. In practice, these two are connected.

Confidentiality 106

Confidentiality Contracts Intellectual Property Law Litigation 106

Technology & Marketing Law Blog

DECEMBER 7, 2022

See my blog post on the lower court ruling. Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. YouTube defended on Section 230 and other grounds.

Contracts 137

Contracts Publishing Law Government 137

Technology & Marketing Law Blog

NOVEMBER 2, 2023

In the spring of 2021, he relocated to Montana and revamped his contracting business. Even pro se litigants typically recognize these cases are doomed and rarely file them any more. Nextdoor appeared first on Technology & Marketing Law Blog. Duffer sued Nextdoor for failing to remove its users’ consumer reviews.

Contracts 81

Contracts Business Blogging Law 81

JIPEL Copyright Blog

MARCH 7, 2022

This choice, while met positively by many film aficionados – especially those not yet ready to attend live events – has sparked litigation from many sides. Between Johansson’s settlement and this ongoing litigation, it’s clear that this issue is not yet resolved, and entertainment’s adaptations to a post-2020 world remain to be finalized.

Litigation 52

Litigation Settlement Contracts Technology 52

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. My angst-filled blog post on that ruling. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like?

Copying 75

Copying Ownership Derivative Work Contracts 75

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. Cite to IC v.

Contracts 124

Contracts Publishing Licensing Editing 124