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

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.” The court says “no”.

Contracts 110

Contracts Designs Design Law 110

IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contract forms a significant part of E-commerce.

Contracts 52

Contracts Business Technology Law 52

Technology & Marketing Law Blog

OCTOBER 16, 2022

” Contract Breach. The post Facebook’s Website Isn’t Governed by the ADA–Lloyd v. Facebook appeared first on Technology & Marketing Law Blog. . “Plaintiff alleges that the Defendants failed to take appropriate moderation measures against users. Citing Barnes v. Yahoo , Morton v.

Government 95

Government Privacy Blogging Publishing 95

Art Law Journal

NOVEMBER 1, 2021

What questions should you be asking in contract negotiation, and what provisions should you be reviewing? Not every item must be in the contract, but it will be too late to add anything to make the loss as comprehensive as possible once you sign. Is the contract for my whole series or just specific pieces? Making Your Checklist.

Contracts 52

Contracts Art Artwork Law 52

IPilogue

MAY 3, 2022

In July 2021, the Government of Canada launched a consultation requesting stakeholder submissions on Artificial Intelligence (“AI”) and the Internet of Things (“IoT”). The scholars explained that strong TPM brings accelerated market dominance as well as a lack of transparency. Photo by fauxels ( Pexels ). Background.

Government 96

Government Copyright Copyright Infringement Intellectual Property 96

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

Herbert Smith Freehills

MAY 24, 2023

Global leading law firm Herbert Smith Freehills has advised Sinopec Fuel Oil on the signing of a long term contract for importation, storage, distribution and sale of petroleum products in Sri Lanka. The deal marks Sinopec's entry into the country's retail fuel market.

Marketing 52

Marketing Marketing Contracts Government 52

The IPKat

JULY 18, 2021

If the Government takes on board this recommendation it would mean, as Tom Gray put it “that for the first time ever, our entire music community get something” - since it provides for non-featured artists, who typically transfer their rights in exchange for a one-off session fee rather than a royalty.

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 104

Contracts Government Marketing Marketing 104

Technology & Marketing Law Blog

NOVEMBER 7, 2023

Apple rejected the Coronavirus Reporter app because it wasn’t associated with a government entity or medical institution; and it rejected the Bitcoin Lottery app due to its general ban on bitcoin apps. The appeals court says the plaintiffs “have not adequately defined the relevant market.” Contract Breach.

Reporting 89

Reporting Blogging Marketing Marketing 89

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

Kluwer Copyright Blog

AUGUST 18, 2021

Much bigger pressures come from the 2019 Open data and public sector information directive , the 2020 proposal for a Data governance regulation , and the still to be announced proposal for a Data Act. Stage II: The Data Governance Act. The proposed Data governance act seeks to expand the scope of the Open data directive.

Government 56

Government Database Right Intellectual Property Copyright 56

IPilogue

JANUARY 9, 2023

I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team. AstraZeneca is a global company, some contracts can require engaging in services in other countries. AstraZeneca focuses on clinical research but also marketing and sales of its IP.

Business 110

Business Privacy Contracts Confidentiality 110

Technology & Marketing Law Blog

DECEMBER 28, 2022

Users sued Coinbase and its marketing agency, asserting claims under state law. Coinbase sought to send the case to arbitration, but there was a possible conflict in the governing TOSes. Most recently Kieran covered International Markets v. Ninth Circuit Strikes Down Contract Amendment Without Notice–Douglas v.

Marketing 91

Marketing Marketing Contracts Blogging 91

Technology & Marketing Law Blog

DECEMBER 7, 2022

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. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 135

Contracts Publishing Law Government 135

Michael Geist

JULY 4, 2023

He makes the case that it is too early to conclude anything with respect to Bill C-18 and that the Internet companies and government are merely engaged in a very public negotiation that could well result in either or both seeking a compromise before the law takes effect. Drawing from that piece, there are at least three that merit mention.

Government 110

Government Settlement Marketing Marketing 110

Olartemoure Blog

AUGUST 12, 2022

Growth, expansion and development of the securities market is based on investor confidence generated through these best practices. On 28 July 2022, the Council of State declared the nullity of articles 80 and 81 of Decree 1829 of 2013, which established general provisions of arbitration agreement in standard form contracts.

Contracts 52

Contracts Intellectual Property Government Reporting 52

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

Social Media 114

Social Media Contracts Advertising Advertising 114

Velocity of Content

DECEMBER 14, 2023

Cross-functional groups within an organization — including research and development (R&D), clinical research, competitive intelligence, regulatory, marketing, and medical affairs — must work together and with external partners to advance drug compounds from discovery to approval for use in patients to physician education and promotion.

Licensing 98

Licensing Copyright Publishing Journalism 98

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Plaintiffs have attempted a wide range of common law, statutory, contract, and Constitutional claims, and courts have rejected those claims based on one or more of the following four grounds: Prima Facie Elements. In the US, courts routinely honor such contract provisions, even if the TOS terms are non-negotiable and may seem one-sided.

Publishing 94

Publishing Government Contracts Law 94

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

With the Indian Government recently putting a 30% tax on any profit earned through the cryptocurrency market, how far along is it that the fate of NFTs will be sealed the same way? Laws Governing NFTs. Introduction. With the most valued NFT sold at 11.7

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 82

Contracts Privacy Blogging Litigation 82

Technology & Marketing Law Blog

MAY 22, 2022

This case involves the tragic situation where two Twitter employees allegedly became operatives for the Kingdom of Saudi Arabia and turned over sensitive information about the government’s critics to the Saudi Arabia government. MySpace , Murphy v. Twitter , King v. Two reminders: the Murphy v. Case citation : Al-Ahmed v.

Contracts 92

Contracts Government Publishing Blogging 92

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract. The Guidance.

Law 62

Law Contracts Business Marketing 62

Technology & Marketing Law Blog

JANUARY 6, 2023

I previously described the case: This case involves the tragic situation where two Twitter employees allegedly became operatives for the Kingdom of Saudi Arabia and turned over sensitive information about the government’s critics to the Saudi Arabia government. breach of contract being both covered and not covered by 230.

Contracts 85

Contracts Government Publishing Blogging 85

43(B)log

SEPTEMBER 26, 2022

The complaint didn’t identify specific advertising statements that would plausibly misrepresent what the Zestimates were, “or even a particular home estimate produced by the Zestimate tool that allegedly conflicts with the real market value.” The facts alleged didn’t establish falsifiability—only Zillow’s “opinion of the value of properties.”

Government 59

Government Law Advertising Advertising 59

LexBlog IP

DECEMBER 18, 2023

Legal Due Diligence: It is essential, involving verification with government authorities such as the Dubai Land Department or Real Estate Regulatory Agency. Contract Formalities: Developers and brokers are not allowed to engage in informal contracts for off-plan property sales without prior approval from competent authorities.

Due Diligence 52

Due Diligence Contracts Registration Ownership 52

Technology & Marketing Law Blog

NOVEMBER 9, 2022

He claims that Twitter suspended his account at the behest of the Turkish government. Breach of contract exception. “By its terms, Section 230 does not provide any exception for contract claims. Breach of Contract. Twitter appeared first on Technology & Marketing Law Blog. Section 230. ICS provider.

Contracts 72

Contracts Publishing Blogging Government 72

Intellectual Property Law Blog

OCTOBER 30, 2023

government. Some of the most important issues not addressed by the Executive Order are the numerous AI-related intellectual property issues. These issues include the propriety of using copyright protected materials to train AI models and the patentability and copyrightability of AI output. Digital Service, U.S.

Privacy 130

Privacy Government Copyright Technology 130

43(B)log

NOVEMBER 8, 2021

Touro’s online program was allegedly marketed and priced as a “separate and distinct product[ ]” and bore no fees for in-person services. Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services.

Contracts 64

Contracts Government Marketing Marketing 64

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion. Breach of Contract/Implied Covenant of Good Faith and Fair Dealing. This is a helpful explication of the intersection between Section 230 and breach of contract claims.

Contracts 105

Contracts Publishing Blogging Government 105

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

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 116

Blogging Law Contracts Cease and Desist 116

Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale. Valid Transfer of Rights?

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

AA’s terms and conditions says that all disputes arising under its agreements will be governed by the Northern District of Texas. 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.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. Institutional precarity: Declining trust in markets, not in IP law.

Public Domain 52

Public Domain Contracts IP Privacy 52