Blogging, Licensing, Marketing and Privacy - Intellectual Property Pulse

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy. The post X Corp.

Blogging

Blogging Contracts Fair Use Copyright Law

Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Technology & Marketing Law Blog

JULY 31, 2021

Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. The court says Instacart creates an enforceable sign-in-wrap (ugh): The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons. Airbnb , the green font for the privacy policy link is NBD.

Privacy

Privacy Technology Blogging Marketing

Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance

Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. Doing age assurance/age verification raises substantial privacy risks.

Privacy

Privacy Law Contracts Designs

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

Technology & Marketing Law Blog

JUNE 7, 2022

July 7, 2020): “The privacy policy includes a section titled “Rights of California Residents,” which addresses requirements of the California Consumer Privacy Act (“CCPA”), Cal. ” * Bloomberg : Global Privacy Control Popularity Grows as Legal Status Up in Air. Voodoo SAS v. SayGames LLC, 2020 WL 379165 (N.D.

Privacy

Privacy Social Media Litigation Business

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Technology & Marketing Law Blog

JULY 26, 2023

When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Defendant created an account to access Chegg’s data. The terms prohibited scraping.

Cease and Desist

Cease and Desist Blogging Contracts Privacy

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? Google changed its privacy policy to collect all “public” data (viz.,

Blogging

Blogging Copyright Contracts Cease and Desist

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Technology & Marketing Law Blog

JULY 18, 2023

Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog. A matter that is likely to receive even more attention going forward with the increased importance of generative AI.

Blogging

Blogging Contracts Copyright Law Copyright

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 13, 2022

See, e.g., In re Ring LLC Privacy Litigation (C.D.Cal., JustAnswer (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v.

Blogging

Blogging Contracts Law Privacy

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

Privacy

Privacy Litigation Marketing Marketing

TVO: Igniting Potential Through the Power of Learning (IP Intensive Reflection)

IPilogue

JANUARY 31, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. In addition to producing original content, TVO partners with co-producers and licenses the rights to programs created by independent third parties. Privacy and Access to Information Requests. Drafting Agreements.

IP

IP Privacy Intellectual Property Law Television

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Which is why so much of the tech press’s coverage of this issue is bonkers.

Blogging

Blogging Law Contracts Cease and Desist

My “Summer” 2022 Activities

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Blog Posts. Books and Academic Articles.

Editing

Editing Social Media Blogging Advertising

An E-Commerce Site Tried to Form Its TOS Three Different Ways. None of Them Worked–Chabolla v. ClassPass

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. ” OK boomer.

Privacy

Privacy Contracts Marketing Marketing

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. Meta appeared first on Technology & Marketing Law Blog. Meta Platforms, Inc. 2023 WL 7325109 (N.D.

Trademark

Trademark Contracts Blogging Fair Use

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM

Social Media

Social Media Ownership Designs Design

An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC)

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

That could include things like driver’s licenses or other government-issued documents that contain substantial additional sensitive personal information beyond the person’s age. That creates a different, but not less problematic, vector for privacy and security violations.

Designs

Designs Design Privacy Business

Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon

Technology & Marketing Law Blog

OCTOBER 29, 2021

That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). The Second Circuit affirmed this decision. TransUnion.

Contracts

Contracts Privacy Blogging Litigation

Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. The print-on-demand service at issue is Pixels, who has appeared on this blog before.

Artwork

Artwork Trademark Publishing Marketing

Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. Apple appeared first on Technology & Marketing Law Blog. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops.

False Advertising

False Advertising Privacy Publishing Advertising

If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?

Technology & Marketing Law Blog

MARCH 23, 2022

Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. appeared first on Technology & Marketing Law Blog. Case Citation: Callahan v. PeopleConnect, Inc. , 21-16040 (9th Cir. March 18, 2022). Minors’ Suit Over Facebook Credits Survives in Part – I.B. Facebook.”.

Privacy

Privacy Contracts Personality Rights Litigation

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging

Blogging Licensing Privacy Copyright Notice

Data Breaches: Regulatory and Contractual Notification Obligations

LexBlog IP

JANUARY 7, 2022

This blog will discuss what constitutes a personal data breach, organizational obligations for notifying customers, and how organizations can limit contractual liability for personal data breaches. Data privacy concerns for businesses are on the rise, and organizations need to be prepared for the growing threat and response.

Privacy

Privacy Intellectual Property Contracts Business

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

APRIL 16, 2022

Fluent is a marketing company that generates leads. See blog posts on those rulings here and here.). The transaction in this case is slightly different: the websites in question merely asked the consumer for personal information of some sort in an exchange resulting in marketing communications. JustAnswer (Guest Blog Post).

Contracts

Contracts Designs Design Law

Shielding Innovation: Understanding Copyright Protection for App Developers and Their Software

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. In the realm of mobile applications, which enjoy immense popularity, developers find themselves amidst fierce competition.

Copyright

Copyright Intellectual Property Ownership Intellectual Property Law

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * “ Privacy. * Prior blog post. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. FTC cracks down on live reads on the radio. * NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. Comptroller , No.

Privacy

Privacy Marketing Marketing Social Media

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles.

Cease and Desist

Cease and Desist Contracts Privacy Business

The Google Play Store: A Superior Product or Monopoly?

LexBlog IP

APRIL 19, 2022

Recently, a coalition of state attorneys general launched an antitrust lawsuit against Google alleging that Google unlawfully maintains a monopoly in the market for Android app distribution. Other digital distribution services, compatible with the Android operating system, have no more than a 5% market share.

Marketing

Marketing Marketing Business Law

2023 Quick Links: IP, Keyword Ads

Technology & Marketing Law Blog

DECEMBER 27, 2023

.” • In 2017, Christy Boughman from Wells Fargo emailed sales@spdatallc.com and asked for pricing on “the S&P CDO Evaluator License.” [The The conclusion: “the purchase of a competitor’s name as a keyword in an internet marketing campaign violates the Maryland Attorneys’ Rules of Professional Conduct (“MARPC”), Rule 8.4.”

IP

IP Advertising Advertising Copyright

IP, Data, and Digital Platform Governance: Notes from the 5th Annual IP Data & Research Conference

IPilogue

MARCH 30, 2022

Some organization collects profits from licensing, and others to write cheques as cost to market each time that you use your device! As the space-time continuum continues to shrink in our rapidly evolving world, data, standards, and privacy become even more important. Conclusion.

Government

Government IP Intellectual Property Technology

Computer and Internet Weekly Updates for 2020-05-02

Barry Sookman

MAY 3, 2020

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v. It seems that it can! link] 2020-04-30 How the Coronavirus Could Turn the U.S.

Privacy

Privacy Cease and Desist Technology Copyright

Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. This unauthorized usage may also give rise to breaches of confidence or violations of privacy.

Intellectual Property

Intellectual Property Registration Trademark Personality Rights

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Technology & Marketing Law Blog

MARCH 25, 2024

RIPTwitter. * * * Most readers should stop reading the blog post here. “Any failure by Brandwatch to secure the Licensed Materials was a precondition to CCDH’s access.” CCDH appeared first on Technology & Marketing Law Blog. The remainder groks the details of a technical 52-page opinion.

Litigation

Litigation Contracts Advertising Advertising

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. BrandTotal appeared first on Technology & Marketing Law Blog.

Contracts

Contracts Privacy Social Media Advertising

If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox

Technology & Marketing Law Blog

MAY 17, 2022

This knocks out the pre-litigation negotiation requirement, the TOS’s protective provisions, the TOS’s disclosures, the TOS’s licenses (which nukes Roblox’s defense to a conversion claim), and more. Roblox appeared first on Technology & Marketing Law Blog. As a result, the TOS fails. Cite to IC v.

Contracts

Contracts Publishing Licensing Editing

Generative AI Is Changing How We Do Business and How We Practice Law

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Other considerations for legal professionals abound, privacy being salient among them. Will its intelligence license it to be cruel? To wipe us out?

Business

Business Law Social Media Reporting

New York Court Is the Wrong Venue for UK GDPR Class Action–Finch v. Xandr

Technology & Marketing Law Blog

DECEMBER 17, 2021

Xandr appeared first on Technology & Marketing Law Blog. Xandr, Inc., 2021 WL 5910071 (S.D.N.Y. The post New York Court Is the Wrong Venue for UK GDPR Class Action–Finch v.

Litigation

Litigation Business Law Marketing

Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client

Technology & Marketing Law Blog

AUGUST 7, 2022

I also blogged a similar case from the Northern District of California. The post Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client appeared first on Technology & Marketing Law Blog. Perhaps sending a letter repudiating the agreement after the lawsuit is filed or immediately prior to filing?

Blogging

Blogging Reporting Advertising Advertising

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Technology & Marketing Law Blog

MARCH 10, 2022

It’s helpful to compare and contrast this case with a pair of cases I blogged about last year. Maryland enacted a social media privacy law in 2021. The Spectacular Failure of Employee Social Media Privacy Laws. Tito & Tita appeared first on Technology & Marketing Law Blog.

Social Media

Social Media Contracts Ownership Business

Boat Rental Marketplace Defeats Lawsuit Over Offline Boating Accident–In re Chaves

Technology & Marketing Law Blog

FEBRUARY 14, 2024

9, 2024) The post Boat Rental Marketplace Defeats Lawsuit Over Offline Boating Accident–In re Chaves appeared first on Technology & Marketing Law Blog. ” The three hyperlinks were in a blue font that stood out from the other grey font on the page. LEXIS 23688 (S.D.

Contracts

Contracts Advertising Advertising Privacy

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances. Facebook appeared first on Technology & Marketing Law Blog.

Contracts

Contracts Social Media Advertising Advertising

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Technology & Marketing Law Blog

DECEMBER 23, 2022

the text notifying the customer of the COUs when creating an account reads: “By creating an account, you agree to Amazon’s Conditions of Use and Privacy Notice.” The text referencing the COUs when a customer must “Sign-In” to their Amazon account reads: “By continuing, you agree to Amazon’s Condition of Use and Privacy Notice.”

Contracts

Contracts Privacy Registration Government

TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

Technology & Marketing Law Blog

OCTOBER 11, 2021

Kiwi appeared first on Technology & Marketing Law Blog. Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts. The post TOS Supports Injunction Against Web Scraping–Southwest Airlines v.

Cease and Desist

Cease and Desist Contracts Trademark Blogging

My Testimony to the Colombian Constitutional Court Regarding Online Account Terminations and Content Removals

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. I started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing

Publishing Government Contracts Law

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology

Technology Patent IP Invention

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Trending Sources

Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

TVO: Igniting Potential Through the Power of Learning (IP Intensive Reflection)

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

My “Summer” 2022 Activities

An E-Commerce Site Tried to Form Its TOS Three Different Ways. None of Them Worked–Chabolla v. ClassPass

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC)

Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon

Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Data Breaches: Regulatory and Contractual Notification Obligations

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Shielding Innovation: Understanding Copyright Protection for App Developers and Their Software

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

The Google Play Store: A Superior Product or Monopoly?

2023 Quick Links: IP, Keyword Ads

IP, Data, and Digital Platform Governance: Notes from the 5th Annual IP Data & Research Conference

Computer and Internet Weekly Updates for 2020-05-02

Safeguarding Personal Names

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox

Generative AI Is Changing How We Do Business and How We Practice Law

New York Court Is the Wrong Venue for UK GDPR Class Action–Finch v. Xandr

Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Boat Rental Marketplace Defeats Lawsuit Over Offline Boating Accident–In re Chaves

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

My Testimony to the Colombian Constitutional Court Regarding Online Account Terminations and Content Removals

What is Blockchain Technology and has it been Patented?

Stay Connected