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.” This bill seemingly embraces what made the CDA and COPA unconstitutional, especially the requirement of age verification when the technology doesn’t allow it to be done accurately or safely.

Social Media 143

Social Media Privacy Law Government 143

TorrentFreak

NOVEMBER 26, 2021

Rapid copyright takedowns, trusted flaggers, and other types of enforcement are all hot topics. No New Safe Harbors For Search Engines. For many years groups like the MPA and IFPI have sought to decrease the so-called “safe harbor” protections available to various online intermediaries and service providers.

Due Diligence 125

Due Diligence Music Business Copyright 125

43(B)log

JUNE 29, 2023

Might be broken down by topic. Vagueness of the safe harbors in that directive is no indicator of success. Justin Hughes: Some topics here are premature, others old hat (trusted flaggers). Senftleben could be right about effects on liability of duties, but from a regulatory perspective there’s a separation.

Law 52

Law Privacy Litigation Social Media 52

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) I have subjectively ordered the cases with the most important or most likely cases toward the top.

Patent Law 125

Patent Law Law Patent Invention 125

Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) Public-facing tools like Midjourney should be eligible to invoke the DMCA’s “safe harbor” provisions with respect to user-generated content in public Discord servers.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

LexBlog IP

APRIL 15, 2022

The standard for art auctions, for example, covers a wide range of topics, ranging from lots collection to catalogue compilation, from industry terminology to best practices for auctioneers. The regulation of galleries is even less strict. 9] Admittedly, most of them are intuitive or procedure-oriented.

Art 52

Art Marketing Marketing Artwork 52

Kluwer Copyright Blog

NOVEMBER 29, 2021

While they can now be held liable as perpetrators, OCSSPs previously profited from the e-Commerce Directive´s safe harbor provisions. The parliamentary and public debate mostly revolved around a few selected topics, leaving numerous aspects of the CDSMD-induced modernization of copyright rules virtually untouched.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review.

Social Media 137

Social Media Law Fair Use Blogging 137

TorrentFreak

NOVEMBER 7, 2021

They are in my view hiding behind the safe harbor and the DMCA and it’s happening to the detriment of content creators like us.” How long that will take is anyone’s guess but takedown-and-staydown systems are popular among almost all major rightsholders globally, so this topic is likely to remain on the US agenda.

Law 122

Law Technology Social Media Copyright 122

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., 271(e)(1)” safe harbor. Patent Nos.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

JUNE 14, 2022

For more on the topic of newspapers correcting their Section 230 coverage, see this post. ” “journalists should make clear that they convey that Section 230 is not what allows platforms to engage in content moderation… journalists should avoid using the term “safe harbor” to describe Section 230. .”

Reporting 117

Reporting Journalism Law Blogging 117