Technology & Marketing Law Blog

AUGUST 2, 2021

Some of the major changes to the book this year: I added a note on the Copyright Claims Board. I’ve now framed it as a note about California’s consumer privacy laws. US case, which overwrote most of my prior note on Nosal and Power Ventures. It makes a nice module to add an online contracts piece to another course.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 12, 2022

Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Primer on the Copyright Claims Board (CCB) (now deleted). Toys ‘R’ Us v. Note About Fair Use.

Editing 140

Editing Law Social Media Privacy 140

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. But not so, says the court.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

IP Tech Blog

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Statistics have long been used to evaluate player performance and support contract negotiations. Data Protection and Privacy AI poses important privacy and security risks. But the U.S.

Privacy 57

Privacy Inventor Technology IP 57

43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. Blake Reid, Copyright’s Periphery Copyright on a dying planet.

Copyright 52

Copyright Fair Use Marketing Marketing 52

LexBlog IP

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Statistics have long been used to evaluate player performance and support contract negotiations. Data Protection and Privacy AI poses important privacy and security risks. But the U.S.

Privacy 52

Privacy Inventor Technology Intellectual Property 52

Velocity of Content

JANUARY 31, 2023

Also sued were a confusing mishmash of for profit and non-profit related entities all using a variation of the name OpenAI (OpenAI, Inc., Mining is a legitimate use of content under a CC BY license, but if you need permission from authors to, e.g., not include attribution information, time and effort may be needed.

Licensing 98

Licensing Fair Use Journalism Publishing 98

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. voluntariness seems like a problem here] Doing this without privity means that even if it could all be done w/contract, 1201 goes beyond what contract could have done. Mostly utilitarian in the US.

Privacy 59

Privacy Fair Use Fanworks Government 59

Technology & Marketing Law Blog

AUGUST 7, 2023

Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. This means I am actively seeking a CFAA/scraping case that can help students learn the law. . * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts. Contracts Meyer v. Privacy Review: 16 C.F.R.

Editing 52

Editing Law Contracts Privacy 52

Technology & Marketing Law Blog

JANUARY 27, 2022

It creates a third asset for creators to sell, in addition to any physical item and the work’s copyright. The extra cash flows from NFTs could spur new creative activity–a win for all of us. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one.

Social Media 127

Social Media Law Privacy Government 127

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Paxton, amicus brief in support of emergency application for administrative relief to the US Supreme Court, May 2022. A First Look at Copyright Claims Board (CCB) Filings.

Editing 89

Editing Social Media Blogging Advertising 89

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. Consent: we’re transferring our rights all the time by contract. Her conclusion: no.

Privacy 59

Privacy Inventor IP Government 59

Technology & Marketing Law Blog

JANUARY 24, 2023

It also puts users’ privacy and security (including minors’!) SMART Copyright Act. A very dumb law that would authorize the Copyright Office to force UGC sites to adopt expensive and overrestrictive technological controls as dictated by copyright owners. at greater risk. EARN IT Act. 18, 2022 NetChoice LLC v.

Law 114

Law Social Media Government Privacy 114

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. 3) reasonable measures to safeguard privacy interests. (4)

Social Media 52

Social Media Fair Use Advertising Advertising 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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