43(B)log

JUNE 29, 2023

Aggravated if, beyond public law regulation which allows smoothing of inner inconsistencies by nonenforcement, this becomes basis for private law liability. 1 ask of civil society: keep us involved in the process; no particular ask other than role in interpretation. Separation between liability provisions and all the other stuff.

Law 52

Law Privacy Litigation Social Media 52

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. If no copyright ownership or license is obtained, the buyer should use the purchased NFT/DC only for private consumption in order to avoid bearing potential copyright infringement liabilities. Copyright Ownership. Copyright Enforcement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

43(B)log

JULY 20, 2023

Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties. The court wanted more from the government when it asked the jury to find liability for a number of violations. It filed suit on April 15, 2021.

Government 52

Government Advertising Advertising Social Media 52

Kluwer Copyright Blog

FEBRUARY 28, 2023

It is not clear whether the employment of geoblocking or another technical restriction mechanism which would be ineffective, not deliberately but due to gross negligence, could also result in the professional operator’s liability. 38, 39) and the CJEU confirmed in UPC Telekabel (paras. 52 of the Opinion).

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

TorrentFreak

SEPTEMBER 15, 2021

Several of the movie companies are Voltage affiliates and in our second report on the topic, we wondered whether members of this coalition intended to go after alleged pirates in the UK. That now appears to be the case. Voltage Holdings Obtains High Court Order. The onus would be on VOLATGE to prove these allegations of infringement.”

Settlement 98

Settlement Copyright IP Reporting 98

LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. If no copyright ownership or license is obtained, the buyer should use the purchased NFT/DC only for private consumption in order to avoid bearing potential copyright infringement liabilities. Copyright Ownership. Copyright Enforcement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

OCTOBER 13, 2021

In practice, most CMOs in Greece have chosen the form of limited liability civil cooperatives. there is no personal liability of the partners for the debts of the cooperative. there is no personal liability of the partners for the debts of the cooperative. to be organised on a non-profit basis.

Related Rights 98

Related Rights Licensing Law Copyright 98

Copyright Lately

SEPTEMBER 26, 2022

Not only has the liability phase of trial been essentially reduced to affirmative defenses, but defendants won’t actually be able to assert one of their key defenses at trial—that Take-Two’s use of Orton’s tattoos was de minimis. Tribal design. Defendants Can’t Assert a De Minimis Defense at Trial.

Fair Use 85

Fair Use Licensing Ownership Copying 85

43(B)log

APRIL 12, 2024

It imposed $22,375,782 in civil penalties. The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample. However, “[r]epresentative testimony, surveys, and statistical analysis all are available as tools to render manageable determinations of the extent of liability.”

False Advertising 59

False Advertising Law Reporting Marketing 59

LexBlog IP

MAY 2, 2023

The potential threats stemming from the use of AI systems could affect cybersecurity, fair competition, consumer protection, equal opportunity, and civil rights. This Guidance covers some important topics. Can the developer’s terms of service (TOS) effectively shift liability to the user as some try to do? The AI RMF 1.0

Government 52

Government Business Copyright Licensing 52

43(B)log

FEBRUARY 24, 2021

Melissa Steinman: Shop Safe Act introduced trying to stop fakes in ecommerce; didn’t go through (attempt to create contributory liability for platforms) but will be reintroduced, so keep an eye out. Theme for this year: platform liability. Reviews: Vitamins Online v. Steinman: Lots of US action on country of origin.

Advertising 40

Advertising Advertising Law Privacy 40

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). Overview of the Egyptian Copyright Law.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

Kluwer Copyright Blog

NOVEMBER 29, 2021

These Articles include the new authorisation or liability regime for online content-sharing service providers (OCSSPs); introduce safeguards in line with Article 17(7) and (9); and exclude the general monitoring obligation of OCSSPs. The Act introduced Articles 57/A to 57/H to the Copyright Act (Act LXXVI of 1999). Germany (Helena K.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

The IPKat

NOVEMBER 27, 2021

The topic of the intersection between private international law and IP law is continued in Chapter 2 by Graeme W. Chapter 5, authored by Giancarlo Frosio, considers the interrelation between IP law and extra-contractual liability. Law and literature in IP methodologies is the topic of Chapter 23, authored by Zahr K.

Intellectual Property 144

Intellectual Property IP Law Privacy 144

LexBlog IP

APRIL 20, 2023

This Rule states that only where a proposed use or disclosure that otherwise would be permitted under the Privacy Rule is “primarily for the purpose of investigating or imposing liability on any person for the mere act of seeking, obtaining, providing, or facilitating reproductive health care” would the use or disclosure be prohibited.

Privacy 52

Privacy Law Blogging Confidentiality 52

LexBlog IP

NOVEMBER 1, 2023

7] The UK Government is also hosting an AI Safety Summit on November 1 and 2, bringing together international governments, leading AI companies, civil society groups and experts in research, to consider the risks of AI, especially at the frontier of development and discuss how they can be mitigated through internationally coordinated action.[8]

Publishing 52

Publishing Government Intellectual Property Technology 52

The IP Law Blog

NOVEMBER 10, 2022

The Ninth Circuit was recently called upon to decide a case of first impression for it involving the interplay between immunity granted to website providers under the Communications Decency Act (“CDA”) and potential civil liability under The Allow States and Victims to Fight Online Sex Trafficking Act of 2018 (“FOSTA”). Reddit, Inc.

Law 96

Law Advertising Advertising Litigation 96

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. b) An eligible digital journalism provider that is retaliated against may bring a civil action against the covered platform. (c) For more on this topic, see Ashutosh A. The CJPA is none of that. 127 (2022).

Journalism 89

Journalism Social Media Publishing Government 89

The IPKat

AUGUST 6, 2023

Only two of the 43 areas deal with American copyright law (probably a correct percentage given the EU focus of IPKat), but this small number should have disqualified me from writing a book review where there are 41 out of 43 articles on topics I know nothing about, including the entire fields of trade mark and patent law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

Technology & Marketing Law Blog

JANUARY 13, 2022

2710; (4) intrusion upon seclusion; (5) negligence; (6) intentional infliction of emotional distress; (7) ratification/vicarious liability; and (8) public nuisance. Merely providing the forum where harmful conduct took place cannot otherwise serve to impose liability onto Omegle.” ICS Provider. ” Publisher/Speaker Claims.

Blogging 88

Blogging Publishing Reporting Editing 88

Technology & Marketing Law Blog

JANUARY 18, 2022

Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim. Students: this post surfaces numerous potential paper topics. THE MINDGEEK LITIGATION. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

LexBlog IP

NOVEMBER 11, 2022

Court of Appeals for the Eleventh Circuit, Boeing successfully secured the dismissal of trade secrets claims asserted against it by arguing that a limitation of liability provision in its nondisclosure agreement (NDA) also applied to the same trade secret claims. Is there a circuit split on the enforceability of forum selection clauses?

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

LexBlog IP

NOVEMBER 10, 2022

The Ninth Circuit was recently called upon to decide a case of first impression for it involving the interplay between immunity granted to website providers under the Communications Decency Act (“CDA”) and potential civil liability under The Allow States and Victims to Fight Online Sex Trafficking Act of 2018 (“FOSTA”).

Advertising 52

Advertising Advertising Litigation Law 52

Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. Section 230 immunizes the negligence and strict liability claims against Craigslist. ” The Gonzalez case didn’t change the outcome because: M.L.’s

Blogging 103

Blogging Law Publishing Editing 103

LexBlog IP

APRIL 15, 2022

The Auction Law of PRC [7] and relevant regulations share quite a number of provisions with the PRC Civil Code, the Anti-unfair Competition Law and the Product Liability Law and also contain auction-specific provisions such as conflict of interest rules and auction procedures. The regulation of galleries is even less strict.

Art 52

Art Marketing Marketing Artwork 52

Technology & Marketing Law Blog

FEBRUARY 20, 2022

For a deeper dive on these topics, I encourage you to check out the article’s bibliography of FOSTA-relevant empirical studies. US. * New Civil FOSTA Lawsuits Push Expansive Legal Theories Against Unexpected Defendants (Guest Blog Post). * Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v.

Blogging 104

Blogging Technology Editing Law 104

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Another bill, the Affordable Prescriptions for Patients Act (S.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 22, 2021

” This is the context in which the FTC and DOJ hosted the Workshop, which included a broad range of topics and perspectives—from worker misclassification to the potential effects of mergers and acquisitions on wages. Takeaways from the Workshop. The Workshop was heavy on theory and light on concrete proposals.

Marketing 52

Marketing Marketing Contracts Government 52

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] It is thus not a common carrier under California Civil Code section 2168. The Court finds no compelling policy justification for such a broad rule of liability. [My blogging queue has gotten backlogged. Online Inc.,

Marketing 111

Marketing Marketing Social Media Law 111

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. A: yes, Axanar tells a lot of Star Trek jokes while it imposes liability on fans. Administrative remedies: injunction; civil compensation; some criminal penalties.

IP 59

IP Marketing Marketing Patent 59

Kluwer Copyright Blog

OCTOBER 22, 2021

The topic of the liability of internet intermediaries has never been so contentious. On the one hand, we have cases pitting multinational corporations against civil rights groups, where freedom of expression, underpinning the defence of the environment or the economy, is pitched against the financial interests of multinationals.

Social Media 136

Social Media Copyright Copyright Infringement Technology 136