Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Unfair Competition : The same allegations support a claim for unfair competition under Maryland law. This is an employer/ex-employee dispute over a Facebook page.

Social Media 79

Social Media Contracts Ownership Business 79

IPilogue

JULY 9, 2021

Ali Mesbahian is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In 2015, Austrian law student and privacy activist, Maximillian Schrems, sued Facebook Ireland for what he alleged to be an unlawful transfer of data from Facebook Ireland to Facebook’s headquarters in the United States.

Privacy 106

Privacy Contracts Social Media Government 106

Kluwer Copyright Blog

APRIL 15, 2024

Think of social media, whose data are scraped and used to train Large Language Models (LLM) (e.g. 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).

Licensing 103

Licensing Social Media Contracts Privacy 103

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. As a result, CCDH met the first prong of the anti-SLAPP protections that the lawsuit targeted socially important speech.

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. 2022 Edition of Internet Law: Cases and Materials.

Editing 88

Editing Social Media Blogging Advertising 88

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. ” Oof. The court spends 20 pages analyzing the arguments.

Contracts 104

Contracts Privacy Social Media Advertising 104

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. The law requires certain websites and services to obtain verifiable parental consent before children are allowed to register or create an account. NetChoice sought a late TRO to block the law. Code § 1349.09.

Social Media 84

Social Media Law Contracts Designs 84

IPilogue

JULY 28, 2021

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . These are just some of the words that Hadiya Roderique ’s Black on Bay Street self portrait emphasizes for a first-generation Black law student like myself. Photo by Joshua Hanson (Unsplash). Influential. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

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. Haunted by Mariana’s lifetime of distress, and in search of answers, I landed at Osgoode Hall Law School in Toronto. Where does one even begin?

Privacy 120

Privacy Publishing Journalism Copyright 120

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. & Prof.

Contracts 92

Contracts Social Media Advertising Advertising 92

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Europeans don’t think the regulators will be unreasonable.

Law 52

Law Privacy Litigation Social Media 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order.

Social Media 98

Social Media Law Blogging Publishing 98

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

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

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. 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.

IP 52

IP Artwork Contracts Intellectual Property 52

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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

Technology & Marketing Law Blog

DECEMBER 27, 2022

2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. “ Privacy. * ” * Williams v.

Privacy 98

Privacy Marketing Marketing Social Media 98

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. We don’t do “A-for-Effort” laws in the U.S., Age-Appropriate Design Code.

Privacy 137

Privacy Designs Design Business 137

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Twitter SCOTUS opinion as an example of what the law looks like if Section 230 doesn’t apply. ACLU case because it’s a foundational and historically significant Internet Law case.

Editing 52

Editing Law Contracts Privacy 52

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

Intepat

FEBRUARY 7, 2023

Initially, there was a focus on the actual existence of creations and inventions, as it is a commonly known fact that ideas aren’t protected under IP law. The conventional internet and social media, as we know it, is referred to as the Web2.0 – Data protection and privacy issues. – Jurisdictional issues.

IP 52

IP Law Invention Licensing 52

SpicyIP

JULY 27, 2021

We’re pleased to inform you that the Centre for Communication Governance at the National Law University Delhi is inviting applications for various research positions. The team undertakes analysis of international law as well as domestic laws and policies that have implications for national security.

Government 105

Government Editing Privacy Technology 105

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

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. Influence of law, desire to contract, social norms.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Technology & Marketing Law Blog

JULY 20, 2021

He shared this story on social media with the “#airbnbwhileblack” hashtag, which went viral. Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.” Airbnb appeared first on Technology & Marketing Law Blog.

Social Media 110

Social Media Designs Design Blogging 110

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) Fresh start.

Social Media 52

Social Media Fair Use Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 89

Social Media Ownership Contracts Privacy 89

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

State legislatures are competing with each other to see who can enact the most ill-advised laws to impose censorship on the Internet. Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. Overview of the Law. Who is Governed by the Law? .

Social Media 143

Social Media Law Publishing Government 143

Technology & Marketing Law Blog

JANUARY 26, 2024

Route responds that CRFA does not apply to commercial solicitations and that the non-disparagement agreement is not subject to common-law defamation requirements. Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Consumer Reviews * Route App, Inc.

Social Media 71

Social Media Privacy Advertising Advertising 71

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release. In one notable case, Balsley v. LFP , Inc. ,

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

Technology & Marketing Law Blog

JULY 31, 2022

A dangerous new mandatory editorial transparency law to supplement Florida and Texas. The law doesn’t explicitly state that social media services must reduce hateful conduct, but the bill’s intent is obvious. * NY Assembly Bill A7865A. The rest is constitutionally protected “hate speech.”

Social Media 109

Social Media Reporting Government Law 109

43(B)log

JUNE 29, 2023

Impulse Statement: Sean Flynn: Data protection can be seen as protecting right to privacy but can interfere with right to research. Duty to protect: duty to regulate third parties—protecting both privacy rights and researchers in data held by third parties. How far that goes (overriding contracts, © claims, TPMs) is unclear.

Law 59

Law Art Privacy Social Media 59

Technology & Marketing Law Blog

JANUARY 27, 2022

This is my annual review of the Internet Law highlights of the prior year. I’ve posted a 2021 year-in-review post for emoji law , and I will post a separate Section 230 year-in-review soon. First, governments can never successfully operate a social media service. Social Media Dumps Trump.

Social Media 125

Social Media Law Privacy Government 125