LexBlog IP

JANUARY 4, 2023

Compared to NFTs as defined in the US, the DC in China: 1) are under strict market supervision that caps their valuation and pricing by avoiding social media hyping of the same; and 2) can only be purchased with Chinese currency, the Ren Min Bi (RMB) in the traditional or digital form. A major pending case is Tarantino v. Business Use.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

JANUARY 9, 2024

Snap workaround of claiming to sue over Snap’s first-party product design choices, not the drug dealers’ content: Plaintiffs disavow any claim based upon Snap’s activities as a publisher of the third-party (drug seller) content. ”) as a defective product. Wait, what?

Publishing 76

Publishing Designs Design Law 76

Technology & Marketing Law Blog

JUNE 22, 2023

The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models? Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. Free Speech L.

Journalism 89

Journalism Social Media Publishing Government 89

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? ” (The court also rejects the “unified speech product” argument). As I say many times, speech venues like social media aren’t the same kind of product as cans of corn.

Social Media 98

Social Media Law Blogging Publishing 98

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

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. Under Defendants’ interpretation, such a platform would escape all civil liability, despite instructing and encouraging users to post such content on their platforms. Cases are already going up on appeal, so there will be a lot more law coming on these issues soon. * * *.

Blogging 120

Blogging Reporting Publishing Law 120

Technology & Marketing Law Blog

NOVEMBER 26, 2021

This lawsuit involves the first rule, which restricts off-topic comments. ” As evidence, the plaintiffs pointed to other off-topic comments that hadn’t been removed. The off-topic rule is, by definition, a content-based restriction on speech. Thus, it triggers strict scrutiny, which it can’t survive.

Social Media 105

Social Media Government Designs Design 105

Technology & Marketing Law Blog

OCTOBER 27, 2022

The mom sued TikTok for design defect and failure to warn claims under strict products liability and negligence theories. The mom claimed she sought to “hold Defendants directly liable for their own acts and omissions as designers, manufacturers, and sellers of a defective product.”

Publishing 119

Publishing Designs Design Blogging 119

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

DECEMBER 30, 2021

Such a law plainly triggers (and flunks) strict scrutiny. Providers will be forced to change or significantly reduce their moderation practices to limit liability risk or change their products in ways that could transform the services they provide. Giving it a non-discrimination veneer does not advance the ball.”

Social Media 112

Social Media Law Privacy Blogging 112

Patently-O

DECEMBER 12, 2021

1] Under this provision, the PTO routinely denies registration to marks that appear calculated to capitalize on the famous person’s name to sell products. 16] TRUMP TOO SMALL would pass this test because its predominant purpose is to critique Donald Trump, not to exploit his identity to sell T-shirts. Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69

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. Instead, it requires these clinics to disclose information about state-sponsored services—including abortion, anything but an ‘uncontroversial’ topic.” ” This is demonstrably false.

Social Media 137

Social Media Publishing Law Blogging 137

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. A private credit score might also reflect adjudicated liability for infringement.

IP 59

IP Marketing Marketing Patent 59