Technology & Marketing Law Blog

APRIL 11, 2023

law: the constitutional protections for free speech and press, the statutory immunity provided by 47 U.S.C. § While I have written Section 230 explainers before ( this is my flagship ), this piece is broader because it surveys the First Amendment in addition to 230 and other topics. It highlights three key features of U.S.

Blogging 80

Blogging Government Law Publishing 80

The IPKat

MARCH 24, 2024

Free access to the first issue is available here , subscriptions are open here. The programme will consist of lectures, case studies, simulation exercises and group discussions on selected IP topics, with an orientation towards the interface between IP and other disciplines. Spring has sprung bringing along the latest news of the week.

Intellectual Property 62

Intellectual Property Journalism Intellectual Property Law Registration 62

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Not only are they actively campaigning for unconstitutional government censorship, but for reasons detailed in the article, the laws would decrease, not increase, “free speech” online. Virtually every Internet service curates third-party content topically or thematically, such as message board topical threading.

Social Media 99

Social Media Government Blogging Publishing 99

Technology & Marketing Law Blog

NOVEMBER 29, 2021

Thus, it would compel those platforms to disseminate anything and everything with a “viewpoint,” including pro-Nazi speech, medical misinformation, terrorist propaganda, and foreign government disinformation. 20 prohibits content moderation, that their rotely applied engagement algorithms constitute speech – they do not. Amicus Briefs.

Social Media 112

Social Media Law Television Reporting 112

The IPKat

FEBRUARY 14, 2023

This year, the keynote speech will be delivered by His Honour Judge Richard Hacon, Presiding Judge of the Intellectual Property Enterprise Court. Tickets are free, but there is again an option to make a donation to charity by purchasing a special ticket – the event will be supporting Bowel Cancer UK once more (please give generously!).

Intellectual Property 67

Intellectual Property Intellectual Property Law Privacy Branding 67

SpicyIP

JUNE 29, 2021

We’re pleased to inform you that a free online course on intellectual property starting on 1 st July 2021 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Assistant Professor of Law, in-charge of the IPR Chair at National Law University, Delhi. SWAYAM (Free) Online Course ‘Intellectual Property’.

Intellectual Property 71

Intellectual Property IP Registration Law 71

The IPKat

MARCH 14, 2022

University of Nottingham - Trademarks, Free Speech, and Inherently Valuable Expression - 24 March 2022 Prof. Lisa Ramsey will talk about potential conflicts between trademark and free speech laws in the United States and other countries, and how countries might resolve these conflicts.

Journalism 67

Journalism Intellectual Property IP Marketing 67

SpicyIP

JUNE 19, 2022

Jentham : ( continuing Nya’s idea ) For e.g. take the ‘Free Speech – Copyright – Fair use’ relationship: when the focus is on ‘right’, we may just overlook that (as some would argue) free speech is to copyright, as copyright is to fair use. In that sense, every right has an aspect of exclusion.

IP 119

IP Fair Use Invention Copyright 119

43(B)log

MARCH 25, 2024

21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

There was no nuance to the law enforcement effort to censor speech; it was the raw exercise of government power, coupled with a realistic threat of incarceration for noncompliance. The notion that the long arm of the government—redaction pen in hand—can extend to this sort of incomplete speech is plainly wrong.

Law 101

Law Social Media Government Contracts 101

43(B)log

FEBRUARY 16, 2024

And this move—firmly distinguishing source confusion from other kinds of confusion, this time with a statutory basis, would have salutary effects on free speech and competitive freedom to operate, which are topics I believe the other speakers will take up in more detail. Why not celebrate that Court embraced trademark use?

Trademark 59

Trademark Fair Use Registration False Advertising 59

TorrentFreak

DECEMBER 14, 2023

For a long time, pirate site blocking was considered a topic most U.S. lawmakers may be more receptive to revisiting this topic. lawmakers may be more receptive to revisiting this topic. It is simply not possible to craft a uniquely American, speech-protecting site-blocking regime.” politicians would rather avoid.

Copyright 97

Copyright Television Government Intellectual Property 97

Technology & Marketing Law Blog

JUNE 1, 2022

Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. That’s been the basis of every facial challenge on First Amendment free speech grounds. Moms for Liberty and Institute for Free Speech. ” I agree. Philip Hamburger.

Social Media 122

Social Media Blogging Law Technology 122

TorrentFreak

MARCH 29, 2024

For almost a quarter of a century a subset of internet activists have equated certain types of piracy mitigation measures to censorship and attacks on free speech.

Privacy 98

Privacy Publishing Marketing Marketing 98

Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” “While not entirely on topic, this comment also abided by the page’s terms and conditions.” ” The Facebook page administrator initially deleted the comment.

Social Media 106

Social Media Government Designs Design 106

SpicyIP

MARCH 30, 2023

Lastly, I will look at the case through the lens of free speech and the possible implications it may have. Article 19(1)(a) guarantees the freedom of speech and expression but is limited through Article 19(2). In addition, the right to freedom of speech and expression incorporates the right to education and information.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

The IPKat

JANUARY 27, 2023

IP and the Metaverse The panel organised by The UCL Institute of Brand & Innovation Law , as part of the Annual Brands Seminar , will focus on the debate concerning the topic of IP in the Metaverse. This year it will take place at 2pm on Tuesday 2nd May at the Moorgate offices of Simmons & Simmons in association with the IPKat.

Intellectual Property 67

Intellectual Property IP Intellectual Property Law Copyright 67

TorrentFreak

SEPTEMBER 12, 2022

When that SOPA law failed to pass, many internet users celebrated a victory for free speech. A decade later, Internet curation is still a hot topic. Ten years ago millions of people from all over the world spoke out against a U.S. bill that would’ve allowed courts to take problematic domain names offline.

Copyright 86

Copyright IP Law 86

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff pointed out that HDR gained access to the group on a false pretense (claiming to be interested in the topic, when really it was just a data snarfer). An appeals court might feel more free to stretch the precedent. ” Intrusion Into Seclusion. This is a rare case where I hope the plaintiffs appeal. Or even 900+?

Privacy 134

Privacy False Advertising Contracts Advertising 134

Technology & Marketing Law Blog

MAY 11, 2022

It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.” These restrictions would turn UGC services into unusable speech venues that don’t really solve any problem that under-18s want solved. its implications for anonymous speech).

Social Media 143

Social Media Privacy Law Government 143

Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

Social Media 64

Social Media Advertising Advertising Publishing 64

43(B)log

JULY 20, 2023

Along with the claims, consumers were directed to websites where they could get a “free” bottle and buy additional bottles. But even if he had, his speech was not entitled to First Amendment protection: The publications were commercial speech, and there were fact issues on falsity/misleadingness, for which he could be held liable. .:

Government 52

Government Advertising Advertising Social Media 52

The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl.

Fair Use 52

Fair Use Trademark Designs Design 52

LexBlog IP

AUGUST 30, 2023

Other elements of work without originality are objects of free use. For further information on this topic please contact Kriton Metaxopoulos at A & K Metaxopoulos & Partners Law Firm by telephone (+30 210 725 7614) or email ( k.metaxopoulos@metaxopouloslaw.gr ). It defines the extent of protection.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Technology & Marketing Law Blog

AUGUST 14, 2022

This retweet will surely be a key topic in CNN’s deposition of Jack. Without the actual malice standard or an anti-SLAPP burden-switch, the court is free to give every benefit of the doubt to the plaintiffs. As much as I’m troubled by the plaintiffs’ case, in other respects, this opinion is implicitly speech-friendly.

Law 112

Law Social Media Reporting Government 112

Michael Geist

SEPTEMBER 21, 2022

He has never given a speech on the bill in the House of Commons and the government successfully cut off debate after allocating just two hours to it. The post Why the Online News Act is a Bad Solution to a Real Problem, Part One: The Risk to Free Flow of Information appeared first on Michael Geist.

Government 94

Government Journalism Advertising Advertising 94

TorrentFreak

MARCH 7, 2024

Early last year, a group of filmmakers obtained a subpoena that required Reddit to reveal the identities of users who commented on piracy-related topics. The company objected, arguing that handing over the requested information would violate its users’ right to anonymous speech. Illegal Speech?

IP 102

IP Copying Copyright Law 102

Technology & Marketing Law Blog

FEBRUARY 15, 2023

The Court Ruling The court says that the mandatory disclosure of editorial policies is compelled speech: “the law requires that social media networks devise and implement a written policy—i.e., .” In response to a constitutional challenge, a federal court preliminarily enjoined the law. 4th 1196, 1210 (11th Cir.

Social Media 64

Social Media Law Publishing Blogging 64

Technology & Marketing Law Blog

OCTOBER 16, 2023

When the AADC is properly reframed as imposing barriers to reading and publishing constitutionally protected content, the conditions imposed by the AADC look clearly like speech restrictions. The age estimation and privacy provisions thus appear likely to impede the “availability and use” of information and accordingly to regulate speech.”

Designs 78

Designs Design Privacy Business 78

Technology & Marketing Law Blog

MAY 25, 2022

On Monday, a unanimous three-judge panel of the 11th Circuit issued an important Internet free speech opinion, 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? Attorney General (a/k/a NetChoice v.

Social Media 97

Social Media Law Blogging Publishing 97

SpicyIP

AUGUST 28, 2022

In his independence day speech , the Indian P.M. Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. Sean Flynn for his comments on the topic. Modi urged people to focus more on ‘duties’.

IP 138

IP Copyright Fair Use Public Domain 138

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” So too for Hepp’s statutory claim against Facebook.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

Fortunately, by mooting this issue, Section 230 promotes free speech outcomes that we benefit from every single day. I don’t love Justice Edelman’s approach that a Facebook accountholder “publishes” any third-party comments that are within the topical scope of the initial post.

Publishing 97

Publishing Social Media Blogging Law 97

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. In arriving at this conclusion, the Bombay High Court’s reliance on selective precedents to support its stance, negatively impacts free speech.

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

JUNE 7, 2023

Free alienability Common law favours the easy alienability of authors’ rights, which is particularly evident in the United States (U.S.). Ginsburg, may be to allow and encourage creators to form collectives to bargain, free of antitrust constraints, with the platforms over the Terms of Service, and to introduce methods of remuneration.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. For more on this topic, see Ashutosh A. Free Speech L. Note: the Florida bill required platforms to carry the journalism content for free. The CJPA is none of that. 127 (2022).

Journalism 88

Journalism Social Media Publishing Government 88

SpicyIP

JULY 26, 2021

Topical Highlight. Despite this, courts have used these orders excessively muzzling free speech, fair dealing rights and creative expressions, as highlighted in the instant case where websites were blocked without providing for any specified period for review.

Copyright 97

Copyright Patent Television Intellectual Property 97