Remove topics defense-contracts
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If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox

Technology & Marketing Law Blog

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Section 230.

Contracts 122
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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Technology & Marketing Law Blog

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

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Section 230 Preempts Game User’s Lawsuit Over Game Moderators’ Behavior–Quinteros v. Forge of Empires

Technology & Marketing Law Blog

’ Another 230(c)(2)(A) defense ruling on the heels of Daystar v. The plaintiff claims the defense said she was “crazy” and “a liar” and disparaged her “mental status.” ” Breach of Contract. Negligence. ” Defamation. ” Products Liability. Implications. LEXIS 55640 (W.D.

Contracts 112
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You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

This ruling covers two key topics related to 512. Moreover, Service asserts he is a joint author of, and possesses a joint copyright in, the Documentary, and he has asserted an affirmative defense which, if proven, would release him from language in the Agreement suggesting otherwise. And without a DMCA notice, § 512(f) does not apply.”

Fair Use 101
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Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. .” ” This is another jury issue. Warner Bros.

Copyright 142
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Egyptian Case Kurasov v. Wali: Where inspiration meets imitation in the art world

Kluwer Copyright Blog

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Defense counsel corroborated these arguments with detailed and technical explanations presented to the court.

Art 56
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Egyptian Case Wali v. Kurasov: Where inspiration meets imitation in the art world

Kluwer Copyright Blog

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Defense counsel corroborated these arguments with detailed and technical explanations presented to the court.

Art 52