Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. I added a major note on the Van Buren v.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

LexBlog IP

JANUARY 19, 2023

Walk away if they demand cash payments up front, or refuse to give you copies of their license, insurance, and a contract in writing. Unlicensed contractors and scammers may appear in recovery zones with promises of quick repairs or clean-up services. Spot rental listing scams.

Privacy 40

Privacy Reporting Contracts Advertising 40

Technology & Marketing Law Blog

JULY 19, 2023

On the last of the three signup webpages, legal copy abounds, with some text appearing on the left-hand side of the page underneath high-level explanations of the trial membership. In screenshot #3, the phrase “I agree to the Terms and Privacy Policy” isn’t expressly linked to any action, so the court disregards it.

Privacy 89

Privacy Contracts Marketing Marketing 89

Patently-O

MARCH 13, 2022

Coffey sued OK Foods, bringing a class action for negligence, breach of implied contract, breach of confidence, invasion of privacy, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing. Coffey found out after being provided notice of the breach (as required by law).

Privacy 120

Privacy Contracts Copying Reporting 120

TorrentFreak

OCTOBER 18, 2021

In response, the VPN announced that it would stop using US-based servers, to ensure the privacy of its users. Among other things, Judge Buchanan recommends awarding damages for trademark infringement, DMCA violations, contract breach, and willful copyright infringement against Popcorntime.app. Filmmakers Demand Millions and More.

Copyright Infringement 131

Copyright Infringement Copying Reporting Copyright 131

IPilogue

APRIL 4, 2022

Her privacy has been repeatedly invaded by complete strangers since childhood. Throughout her life, perfect strangers have invaded her privacy without regard for her emotional wellbeing. A letter was then sent to Elsevier briefing them on the serious privacy impacts of the use of Mariana’s name and image in their publications.

Privacy 120

Privacy Publishing Journalism Copyright 120

Kluwer Copyright Blog

APRIL 15, 2024

Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement). most open source licenses provide a termination in case of breach of contract, which would impact the functioning of the AI model).

Licensing 56

Licensing Social Media Contracts Privacy 56

Technology & Marketing Law Blog

MAY 2, 2022

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. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

IPilogue

JULY 28, 2021

An entity’s unauthorized use of a photographer’s image engages many legal issues: invasion of privacy , defamation , and violation of the right of publicity , to name a few. Section 13(3) states that if the photographer was contracted for work, the photos taken belong to their employer. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. After the relationship broke down, Bartlett’s website became disabled, but MG and McCandless kept copies of Bartlett’s photos on their servers until after defendants filed their counterclaims.

Web Development 59

Web Development Social Media Copying Copyright 59

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. Bonne chance.”).

Contracts 92

Contracts Social Media Advertising Advertising 92

Traverse Legal Blog

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. Since it puts others on notice that the software is protected and infringement would be met in legal action, the fear of legal consequence may discourage unlawful copying or use of the software.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

TorrentFreak

OCTOBER 11, 2021

He has not transacted any business in Virginia or contracted to supply services or things in Virginia.” website we don’t see these changes reflected in the company’s privacy policy yet. A copy of the order and injunction, signed by Virginia District Court Judge Rossie D. Looking at the VPN.ht PayPal Unfrozen.

Settlement 144

Settlement Technology IP Copyright 144

IP and Legal Filings

AUGUST 19, 2022

Databases and the Need for Protection: Nowadays, database thieves can use a variety of electronic tools to copy any database and distribute it globally, and they can do so for a fraction of the high cost associated with producing such products. Picture Credit: Shutterstock].

Copyright 52

Copyright Database Right Privacy Technology 52

LexBlog IP

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 71

Contracts Law Reporting Blogging 71

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

JIPEL Copyright Blog

DECEMBER 1, 2021

LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. 1030(a)(2).

Contracts 40

Contracts Licensing Copying Confidentiality 40

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. During the epidemic, they have turned to online learning as an alternative. Since the lockdown limits went into effect, the number of webinars has increased by orders of magnitude.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Normally trademark owners aren’t third-party beneficiaries of that contract. Who Cares About Privacy? The WHOIS system has collapsed due to the GDPR, which exposed how the WHOIS system was highly privacy-invasive. The SHOP SAFE Act doubles down on privacy invasions in two ways. Why Would Anyone Support This Bill?

Trademark 136

Trademark False Advertising Advertising Advertising 136

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” 22-cv-7074-JST, ECF No. But not so, says the court.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

LexBlog IP

DECEMBER 2, 2021

The Court of Appeal noted that, under Section 3360, California courts have held “‘[a] plaintiff is entitled to recover nominal damages for the breach of a contract, despite inability to show that actual damage was inflicted.’” ’” (Quoting Sweet v. Johnson (1959) 169 Cal.App.2d 2d 630, 632.)

Confidentiality 52

Confidentiality Settlement Publishing Contracts 52

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

JUNE 28, 2022

To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Provide the employee a copy of the noncompete agreement not less than 3 business days before the agreement is to be signed. The employer’s goodwill. New Hampshire.

Confidentiality 52

Confidentiality Business Government Intellectual Property 52

LexBlog IP

SEPTEMBER 29, 2021

However, the plaintiff was unaware of the competitor’s bid until the competitor entered into a design-build contract with the customer, which occurred two and a half years after the competing companies signed the NDA. The plaintiff then sued the competitor and the customer in the U.S.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

TorrentFreak

MAY 29, 2023

Bungie Asks Court For More Time Earlier this month, Bungie was awarded over $16 million against a single defendant, with claims spanning copyright law, breach of contract, and civil RICO violations. By June 2022, Bungie had a $13.5

Copyright 131

Copyright Privacy Settlement Copyright Infringement 131

LexBlog IP

JUNE 7, 2023

DMCA Section 1202(b) Claims: Section 1202(b) of the DMCA prohibits anyone from (1) intentionally removing or altering any copyright management information (“CMI”), (2) distributing CMI knowing the CMI has been removed or altered or (3) distributing copies of works knowing that CMI has been removed or altered while “knowing, or.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

Velocity of Content

JANUARY 31, 2023

The making of copies to perform text and data mining, machine learning, and AI training (collectively “TDM”) without additional licensing is authorized for commercial and non-commercial purposes under CC BY , and for non-commercial purposes under CC BY-NC. OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.; you get the picture).

Licensing 98

Licensing Fair Use Journalism Publishing 98

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 59

Fair Use Contracts Litigation Copying 59

43(B)log

FEBRUARY 22, 2021

There are other policy concerns about research such as privacy, human subjects rules. Copyright: incomplete list: ideas/facts/other § 102(b) limits when applicable; fair use (reverse engineering, text and data mining, other forms of copying); §1201 (too-narrow security research exemption; possible First Amendment limits).

IP 40

IP Fair Use Copying Intellectual Property 40

43(B)log

AUGUST 17, 2021

In early 2020, “cybercriminals orchestrated a two-part ransomware attack on Blackbaud’s systems,” copying plaintiffs’ data and holding it for ransom. California Consumer Privacy Act : The CCPA provides a private right of action for actual or statutory damages to “[a]ny consumer whose nonencrypted and nonredacted personal information.

Privacy 59

Privacy Business Litigation Confidentiality 59