Technology & Marketing Law Blog

APRIL 30, 2022

Nevertheless, Twitter eventually suspended his account in August 2021 for violating its five-strike COVID misinformation policy. Twitter constructed a robust five-strike COVID-19 misinformation policy and, even if it applied those strikes in error, that alone would not show bad faith. Berenson sued Twitter. Section 230.

Social Media 106

Social Media Contracts Government Publishing 106

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The DOJ has revised its policy for charging CFAA cases after the Supreme Court Van Buren ’s ruling that adopted a narrower interpretation of the statute’s “exceeding authorized access” in Van Buren.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

Technology & Marketing Law Blog

JUNE 20, 2023

Although copyright infringement is a strict liability tort, all of these facts might have helped to convince Goldsmith to settle on reasonable terms, and all of them would have made AWF a more sympathetic defendant in the unlikely event that Goldsmith pursued her claims and a trial was needed. In the first, Sony Corp. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

MAY 25, 2022

Attorney General (a/k/a NetChoice v. The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Laws that compel commercial disclosures and thereby indirectly burden protected speech trigger relatively permissive First Amendment scrutiny.

Social Media 97

Social Media Law Blogging Publishing 97

LexBlog IP

APRIL 3, 2023

The decision generally may be viewed as favorable to SEP owners. For example, this decision’s background discussion of SEPs and IPR policies indicates that an SEP owner must grant a license on FRAND terms to anyone who asks for a license. license the manufacture of a chip used in a phone, rather than the phone manufacturer).

Licensing 52

Licensing Technology Intellectual Property Patent 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Some of the confusion is due to plaintiffs stretching FOSTA to reach tertiary defendants far removed from the victimization or reach facts (like republication of commercial pornography) that seem outside the statutory definitions. Students: this post surfaces numerous potential paper topics. THE MINDGEEK LITIGATION. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Yet, given fewer FDA approvals in 2020 and 2021, this year saw the lowest number of commercial launches since 2017. With respect to commercial launches, the United States saw fewer new biosimilars entering the market in 2021 than in previous years. Commercial Launch Date. Biosimilar Approvals and Launches in 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. Zauderer is a 1980s commercial speech case that subjects a very specific type of compelled commercial disclosure to relaxed constitutional scrutiny. That decision has consequences.

Social Media 137

Social Media Publishing Law Blogging 137

Patently-O

DECEMBER 12, 2021

Nonetheless, the bar is a content-based restriction because “its reach is defined simply by the topic (subject matter) of the covered speech” [8] – here, the topic being the famous person in question. Hence, the PTO’s interpretation of Section1052(c) is a First Amendment-free zone. But what remedy should the Federal Circuit provide?

Registration 69

Registration Government Advertising Advertising 69