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.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

IPilogue

JANUARY 5, 2023

On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming. Moreover, competition between music streaming services and the digitization of the market improved consumer outcomes greatly, though creators still had concerns about their earnings from streaming.

Music 105

Music Marketing Marketing Reporting 105

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. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.” JustAnswer LLC.

Contracts 110

Contracts Designs Design Law 110

Technology & Marketing Law Blog

JULY 16, 2021

Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Reminder: courts sometimes demand that consumers click twice to form a contract. On the contrary, they seem easily separable. 2021 WL 2435307 (N.D. June 15, 2021). Employment.

Advertising 107

Advertising Advertising Contracts Social Media 107

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts 112

Contracts Litigation Blogging Law 112

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 74

Contracts Privacy Registration Government 74

IPilogue

JULY 29, 2022

Big-name celebrities like Halsey and Florence Welch of the indie rock band Florence and the Machine have taken to TikTok to discuss their discontent with the new marketing approach of creating viral TikTok audios as promotion. Common contract terms found in recording agreements include rights granted, producer royalties, and promotions.

Music 119

Music Marketing Marketing Ownership 119

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Case Citation : Cramer v. Netflix, Inc.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

Technology & Marketing Law Blog

MARCH 30, 2024

He sued YouTube claiming that the content removals breached YouTube’s contract. Accordingly, there is no right to prior notice before removal of content and no requirement of cause before removal under Plaintiff’s contract with YouTube. YouTube appeared first on Technology & Marketing Law Blog.

Contracts 82

Contracts Blogging Marketing Marketing 82

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 99

Blogging Contracts Law Privacy 99

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. Breach of Contract 2. Tortious Interference with a Contract 3. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. The IPKat has once again compiled some of them for you.

Blogging 52

Blogging IP Copying Copyright 52

Technology & Marketing Law Blog

AUGUST 31, 2023

Blog post coverage of that ruling here. “all his claims relate to the suspension of his account and the alleged failure to suspend the third-party user’s account, whether they are styled as breach of contract, tort, or fraud claims…All of Plaintiff’s claims seek to treat Twitter as a publisher.”

Contracts 106

Contracts Social Media Blogging Publishing 106

Technology & Marketing Law Blog

OCTOBER 6, 2022

Eric’s Prior Tattoo Copyright Blog Posts. Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. An appeal in Alexander v. Take-Two is likely. Here’s hoping some of the damage can be undone. Copyright in Tattoos.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

Kluwer Copyright Blog

JUNE 21, 2022

In my project, You Can Play (see also working paper here ), I explore how contract, rather than copyright, is the key enabler of user creativity in this industry. Through standard form UGC policies, the industry has created an almost Creative Commons-style system of user enablement. All use is not equal, in this respect.

Contracts 117

Contracts Copyright All Rights Reserved Branding 117

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26 In Bardales v.

Contracts 136

Contracts Blogging Technology Law 136

Dragons' Den

FEBRUARY 9, 2024

What is its appeal to the market? Marketed as “chef cooked portion-controlled meals, ready in 4 minutes, for people with busy lives” this struck a chord with Dragon Sara: “you have described my life.but let's talk about the numbers!” We recommend you always seek professional legal advice when entering into a contract.

Blogging 52

Blogging IP Designs Design 52

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.

Blogging 116

Blogging Law Contracts Cease and Desist 116

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 85

Cease and Desist Blogging Contracts Privacy 85

Technology & Marketing Law Blog

OCTOBER 6, 2021

Google’s ISPs were obligated under their contract with Google to provide “‘[r]emote assistance services,’ which ‘involve[d] basic maintenance activities’ … if requested by Google.” The post The Legal Implications of Datacenter Location (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 115

Blogging Business Litigation Ownership 115

Technology & Marketing Law Blog

APRIL 22, 2024

Ohio April 19, 2024) Prior Tattoo Copyright Blog Posts This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Case citation : Hayden v.

Licensing 70

Licensing Copyright Blogging Fair Use 70

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 76

Blogging Contracts Litigation Law 76

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. In our Advertising & Marketing Law casebook, Prof. Meta appeared first on Technology & Marketing Law Blog. (The Wikipedia entry gives some clues about why the movie may not have performed as well as the producers hoped). Meta Platforms, Inc.

Contracts 87

Contracts Marketing Marketing Publishing 87

Technology & Marketing Law Blog

NOVEMBER 7, 2023

Prior blog post. The appeals court says the plaintiffs “have not adequately defined the relevant market.” ” Instead, they identified 15 different markets in “scattergun fashion.” Contract Breach. Apple appeared first on Technology & Marketing Law Blog. Sherman Act.

Reporting 89

Reporting Blogging Marketing Marketing 89

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 85

Litigation Contracts Advertising Advertising 85

azrights

JUNE 7, 2022

So, I made the classic mistake mentioned in my blog Thirteen Reasons Why Businesses Fail , of taking whatever work came my way and plenty of conveyancing and probate work came in! There was no real marketing or business guidance. I suddenly had to come up to speed with areas of practice I hadn’t touched since my training days.

Marketing 59

Marketing Marketing Business Designs 59

IPilogue

NOVEMBER 18, 2022

The dissolution of this contract will rely on the termination clauses that stipulate the division of IP between the parties or whether any “moral” clauses allow early termination of the contract. Moral clauses hold contracting parties to a behavioural standard so as not to bring scandal to the other party.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

OCTOBER 8, 2023

Thus, the court reaches what becomes a surprising result in light of the Ninth Circuit precedent elsewhere. * * * Section 230 The plaintiffs alleged that VRBO “lists and markets” the property, placed it into the “stream of commerce,” and communicated the property’s conditions. ” Cite to Cohen v. .

Contracts 71

Contracts Publishing Marketing Marketing 71

Technology & Marketing Law Blog

JUNE 18, 2022

The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. The plaintiffs get another chance to plead the fraud claims, so I expect to blog this case at least one more time. Cognizant appeared first on Technology & Marketing Law Blog. ” Nor does OSHA. ” Nor does OSHA.

Contracts 109

Contracts Blogging Business Technology 109

Technology & Marketing Law Blog

JULY 10, 2021

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). The suit was easily rejected by the court. Alphabet Inc.

Contracts 116

Contracts Blogging Litigation Marketing 116

Technology & Marketing Law Blog

JULY 22, 2022

This covers the breach of contract claim too. Contract breach. Dorsey appeared first on Technology & Marketing Law Blog. . “his claims derive entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” Cite to King v. Prima Facie Case.

Contracts 99

Contracts Publishing Blogging Marketing 99

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 69

Contracts Licensing Business Blogging 69

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. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Ryanair has a long history of litigating against OTAs in Europe and the United States.

Blogging 86

Blogging Cease and Desist Business Litigation 86

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 79

Contracts Blogging Litigation Licensing 79

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. Twitter for this intersection of Section 230 and contract breach claims. Meta appeared first on Technology & Marketing Law Blog.

Contracts 107

Contracts Advertising Advertising Publishing 107

Technology & Marketing Law Blog

DECEMBER 28, 2022

Users sued Coinbase and its marketing agency, asserting claims under state law. Talk America (and later Blockbuster ), the blog has covered numerous cases where companies rely on ToS provisions that say they can be unilaterally amended. Most recently Kieran covered International Markets v. Starting with Douglas v. Coinbase, No.

Marketing 91

Marketing Marketing Contracts Blogging 91

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 61

Contracts Social Media Business Blogging 61