IPilogue

JANUARY 13, 2022

2021 was a transformational year for Canadian privacy legislation. Following the changes made to the Federal reforms to PIPEDA in 2020 , several provinces amended their privacy legislation to protect their constituents’ interests. Such privacy policies must describe how companies plan to use personal information.

Privacy 119

Privacy Publishing Reporting Government 119

Technology & Marketing Law Blog

APRIL 28, 2023

This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures. Default Privacy Settings. Enforce published terms, policies, and community standards established by the business, including but not limited to privacy policies and those concerning children.”

Copying 126

Copying Designs Design Blogging 126

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

This is unfortunate because those bills can harbor ill-advised policy ideas. Despite its purported goal of helping children, the AADC delivers a “hidden” payload of several radical policy ideas that sailed through the legislature without proper scrutiny. Newsom ) is an example of such a bill. Normalizing face scans.

Designs 110

Designs Design Privacy Business 110

Patently-O

JULY 19, 2023

It is common for litigation to assert both. Although publicity rights initially emerged as a privacy interest, I find that students are quick to see its kinship to trademark law and unfair competition. Should rights vest only for commercial exploitation or is there a privacy interest to protect? What do you think?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Traverse Legal Blog

NOVEMBER 11, 2020

Travelers locate properties primarily through a search feature filtered by the host cancellation policy, the traveler’s selected destination, travel dates, the ‘star’ rating of the host, and potential “Super Host’ classification of the host. Airbnb Hosts have filed class action litigation against Airbnb , Inc and Airbnb Payments, Inc.

Litigation 69

Litigation Contracts Business Marketing 69

Technology & Marketing Law Blog

JUNE 7, 2022

” * In re: Marriott International Customer Data Security Breach Litig., After completing his purchase, Plaintiff received an invoice repeating Defendant’s automatic-renewal policy. ” * In re Waste Management Data Breach Litigation, 2022 WL 561734 (SDNY Feb. 2022 WL 822925 (D. March 18, 2022). Gershfeld v.

Privacy 97

Privacy Social Media Litigation Business 97

LexBlog IP

APRIL 13, 2023

Google’s document retention policy required individual employees to identify internal chat conversations responsive to a litigation hold. The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal Rule of Civil Procedure 37(e).

Litigation 52

Litigation Privacy Technology Intellectual Property 52

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. That put their litigation team in the position of needing to make a hail-mary argument of “enforceable browsewrap.”

Privacy 88

Privacy Litigation Marketing Marketing 88

Technology & Marketing Law Blog

AUGUST 16, 2021

Customer Data Breach MDL Litigation , 2021 U.S. Walmart. * The Anticipated Domino Effect: Virginia Passes Second State “Comprehensive” Privacy Law (Guest Blog Post). * SF Chronicle Op-Ed: “Prop. 24 is the Wrong Policy Approach, at the Wrong Time, via the Wrong Process”. * Over 50 Privacy Professionals & Experts Oppose Prop.

Privacy 123

Privacy Blogging Business Marketing 123

Technology & Marketing Law Blog

OCTOBER 28, 2021

On behalf of a putative class, the plaintiffs asserted privacy claims—including for wiretapping—under California law. As an initial matter, the court says that Nike’s privacy policy does not undermine plaintiff’s claims. The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. Nike, Inc., Specific Media.

Privacy 98

Privacy IP Law Blogging 98

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

The IPKat

JANUARY 30, 2022

This discussion is part of the EU Industry Days 2022 , an annual event that highlights industrial frontrunners and ongoing industrial policy discussions whilst improving the knowledge base of European industry. However, it is never impossible to catch up with the best IP events. The registration for the event can be made here.

Privacy 70

Privacy Intellectual Property Registration Litigation 70

Trading Secrets

DECEMBER 30, 2022

With respect to the protection of company data and intellectual property, the survey results highlight the need for companies to have thoughtful policies and procedures that address data usage and retention in a hybrid work environment.

Intellectual Property 52

Intellectual Property Privacy Technology Government 52

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. The parties have vigorously litigated this case.

Contracts 104

Contracts Privacy Social Media Advertising 104

LexBlog IP

NOVEMBER 30, 2023

Having well-defined information governance and data retention policies helps maintain compliance with legal requirements and safeguards against data breaches and cyber attacks. Organizations must adhere to these legal frameworks, such as GDPR or the California Consumer Privacy Act, hence the importance of maintaining a compliance program.

Government 40

Government Privacy Technology Blogging 40

Olartemoure Blog

SEPTEMBER 2, 2022

09/01/22 – Privacy. 09/01/22 – Litigation and ADR. In other words, pre-litigation mediation had never been requested to present a nullity action. Specifically, this Program must aim to adopt policies and procedures that include, among others, the following elements: .

Intellectual Property 105

Intellectual Property Registration Business Trademark 105

Technology & Marketing Law Blog

JANUARY 18, 2024

But because the news media is failing ( accelerated by vulture funds like Alden Capital ) and everyone is techlashing, this policy approach has gotten way more consideration than it deserves. Facebook’s exit devastated independent Canadian publishers, who begged the government to reverse its policy. NetChoice and NetChoice v.

Law 102

Law Social Media Advertising Advertising 102

Fish & Richardson Trademark & Copyright Thoughts

MARCH 17, 2021

Tripathi’s practice focuses on patent litigation and she has extensive experience in all aspects of the patent litigation process, including pleadings, discovery motions, pre-suit diligence, pre-trial motions, expert witness preparation, demonstratives, and mediation preparation.

Privacy 52

Privacy Litigation Business IP 52

LexBlog IP

FEBRUARY 10, 2023

The confidential data encompasses everything from insurance policy numbers and social security information to medical records and financial information. Privacy is the control over knowledge about oneself. State Farm submits the information to Verisk / ISO without giving consumers notice of the submission. .”

Privacy 40

Privacy Confidentiality Contracts Law 40

43(B)log

AUGUST 12, 2022

If failed, online dispute resolution/court litigation. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. A: Yes, because we continue to rely on common law privacy torts. What type of data? But scope can be challenged.

Privacy 59

Privacy Inventor IP Government 59

LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1]

Publishing 52

Publishing Government Litigation Inventor 52

LexBlog IP

DECEMBER 30, 2022

With respect to the protection of company data and intellectual property, the survey results highlight the need for companies to have thoughtful policies and procedures that address data usage and retention in a hybrid work environment.

Intellectual Property 40

Intellectual Property Privacy Government Litigation 40

43(B)log

AUGUST 5, 2021

Dustin Marlan, The Dystopian Right of Publicity Privacy problems (surveillance) are often analogized to the dystopia of 1984; ROP problems stemming from infinite transferablility can be analogized to Brave New World (1932). Proposal: clickthrough policies designed to educate the public, maybe choices.

Privacy 45

Privacy Social Media Moral Rights Litigation 45

43(B)log

MARCH 21, 2023

Professor Lerner works to find solutions to problems at the intersection of law and technology, particularly how technology law and policy affect creative expression and innovation. He has written and spoken widely on copyright, privacy and other areas of technology law.

Technology 59

Technology Journalism Intellectual Property Confidentiality 59

43(B)log

MARCH 15, 2023

Professor Lerner works to find solutions to problems at the intersection of law and technology, particularly how technology law and policy affect creative expression and innovation. He has written and spoken widely on copyright, privacy and other areas of technology law.

Technology 59

Technology Journalism Intellectual Property Confidentiality 59

Olartemoure Blog

MARCH 31, 2022

Trends in Litigation Against Big Tech. New laws promoting free competition in the markets were created due to the liberalization of economic policies and internationalization of the economy. You can take control of the litigation. How has antitrust law been built up? What is it about?

Marketing 98

Marketing Marketing Social Media Litigation 98

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

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. Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. The terms prohibited scraping.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. when accounts have “clearly, seriously, or repeatedly” breached Facebook’s policies), this simply restates Meta’s ability to exercise editorial discretion. & Prof.

Contracts 92

Contracts Social Media Advertising Advertising 92

43(B)log

JANUARY 19, 2022

Plaintiffs successfully alleged that “Facebook acquired and maintained monopoly power by making false representations to users about Facebook’s data privacy practices.” For example, it defeated Google+ in part because of privacy concerns, along with network effects. Anyway, the claims weren’t time-barred on the face of the complaint.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

Copyright 136

Copyright Government Law Editing 136

43(B)log

AUGUST 4, 2023

Tort tries to get people to make safer products to encourage innovation, but also leads to anxieties about creating new stuff b/c it risks litigation v. New cultural policy in Australia, 2023: fear of voices being drowned out. Argument: likely to fail both as cultural and industrial policy. Korean success story.

Copyright 52

Copyright Fair Use Marketing Marketing 52

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. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Michael Geist

MAY 25, 2022

CDCE wants to fund certified Canadian programming but is uninterested in the flaws in Cancon certification that call into question whether the policy will achieve its objectives. I don’t think that’s how Canadians think about Cancon and our rules should change to become better aligned with our policy objectives.

Social Media 138

Social Media Government Television Music 138

TorrentFreak

OCTOBER 7, 2022

The legal battle between the American video game developer Bungie and AimJunkies.com is one of the most litigated cases thus far. In addition, Bungie argues that it would be allowed to access May’s computer under its privacy policy, which is referenced in the LSLA.

Copyright 68

Copyright Privacy Copyright Infringement Copying 68

Technology & Marketing Law Blog

JULY 19, 2021

In his view, the jockeying between the majority and dissent reflects that this is a policy choice. This is a defense lawyer bonanza in terms of briefing opportunities in privacy and other cases. Related posts : ‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Even Spokeo recognized this as plausible harm.

Privacy 129

Privacy Reporting Copyright Business 129

IP and Legal Filings

NOVEMBER 8, 2022

Lastly, the government should also incentivize the automobile manufacturers to go for compulsory insurance for tortious claims in the case of accidents by autonomous vehicles which should make them future litigation ready. [23]. IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE).

Privacy 52

Privacy Technology Government Designs 52