TorrentFreak

MARCH 7, 2023

” As CEO of Twitter, Musk understands that his platform has certain obligations if it wishes to maintain protection from liability under copyright law. ” A review of Massimo’s recent posts suggests that his Twitter account is mainly used to post content created by third parties.

Copyright 138

Copyright Copying Business Licensing 138

Patently-O

NOVEMBER 29, 2023

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. Guest Post by Jordan Duenckel. He has an extensive background in chemistry, food science, and viticulture.

Art 48

Art Business Patent Settlement 48

Technology & Marketing Law Blog

JULY 18, 2023

Moreover, because liability under contract law depends on proving privity, it, unlike copyright law, cannot bind third parties. Last but certainly not least, contract law does not include secondary liability doctrines like copyright law, which places liability on those who assist or facilitate violations by others.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

AUGUST 14, 2022

This retweet will surely be a key topic in CNN’s deposition of Jack. The most common protective doctrine is the actual malice standard, which excuses liability for factual errors in some cases. If this case goes to trial, I imagine Jack’s explanation for the retweet will be a crucial credibility determination for the jury.

Law 112

Law Social Media Reporting Government 112

Intepat

JUNE 19, 2023

It may be because the owner has enough capabilities for carrying out the marketing themselves, or does not have enough resources for entering into a partnership for the same or simply because the owner is hesitant to share their data with third parties.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

The IPKat

FEBRUARY 23, 2023

To sum up, Baijia store’s intentional infringement is serious, so it should bear the liability for punitive damages. 1) of the afore-mentioned PD Interpretation, which, however, is premised on the fact that the repeated infringer bore an administrative penalty or legal liability. A relatively closer one seems to be Article 4.2(1)

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them. Privacy concerns might, it was said, be a barrier to market for such traders and suppliers.

Reporting 128

Reporting Law Due Diligence Branding 128

Technology & Marketing Law Blog

AUGUST 2, 2022

This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. I explain all of this in my post on AB 2273 (the AADC) , which redundantly also would require platforms to authenticate all users’ ages to avoid business-ending liability.

Social Media 85

Social Media Privacy Designs Design 85

Technology & Marketing Law Blog

JULY 3, 2021

The Fifth Circuit certified the following question to the Texas Supreme Court: Under Texas products-liability law, is Amazon a “seller” of third-party products sold on Amazon’s website when Amazon does not hold title to the product but controls the process of the transaction and delivery through Amazon’s Fulfillment by Amazon program?

Blogging 67

Blogging Marketing Marketing Law 67

LexBlog IP

FEBRUARY 7, 2023

According to the plaintiff, there was a third party hacking incident at the defendant company, Fastway Couriers, in February 2021, in which the personal data of over 450,000 individuals’ data was allegedly compromised. Cunniam v Fastway Couriers Dublin Circuit Court Record No.

Technology 52

Technology Intellectual Property 52

LexBlog IP

FEBRUARY 1, 2024

Under the Rogers test, the use of a third-party mark in an expressive work does not violate the Lanham Act unless the use has no artistic relevance and explicitly misleads as to the source or the content of the work. The district court and the Second Circuit on appeal both said no, and the Rogers test was created. Punchbowl Inc.

Television 52

Television Trademark Registration Government 52

Technology & Marketing Law Blog

MAY 17, 2022

Liability would instead attach for Roblox’s own failure to disclose that it can delete previously purchased items with no warning. 15 years ago, one of the buzziest cyberlaw topics was ownership of assets in virtual worlds, like property acquisitions in Second Life. Section 230. Roblox invoked Section 230 as a defense. ” UCL.

Contracts 123

Contracts Publishing Licensing Editing 123

LexBlog IP

JANUARY 3, 2022

The plaintiff – Healthcare Resources Management Group, LLC (“HRMG”) – is a producer of pharmaceutical-grade hemp products that sells a topical cannabidiol (“CBD”) cream under its Pharmalieve brand and on a “white label” basis using alleged trade secrets. at *4-6, 15. ” Id. § 1836.

Branding 52

Branding Brands Branding Confidentiality 52

IP Whiteboard

OCTOBER 15, 2020

Also open for discussion is the legal framework applicable to AI inventions and liability in the event of infringement. We have written more about this topic here: [link]. Parties wishing to submit views can do so by email to AIcallforviews@ipo.gov.uk. Trade secrets. Consultation closes at 11:45pm on 30 November 2020.

IP 40

IP Intellectual Property Invention Copyright 40

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. ” The plaintiffs are claiming this, but is it correct? Wait, what?

Publishing 75

Publishing Designs Design Law 75

Michael Geist

SEPTEMBER 21, 2022

Indeed, the emergence of Amazon as the third largest digital ad platform and the growth of others (soon including Netflix) highlight the tenuous connection between news and digital advertising trends. . Facebook hasn’t posted the full article, only a link posted by one of its users, sending interested parties to the original source.

Government 94

Government Journalism Advertising Advertising 94

Copyright Lately

SEPTEMBER 26, 2022

As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Expect Alexander’s counsel to get Orton to concede that the parties never discussed whether he had her permission to allow others to use the tattoos in video games.

Fair Use 86

Fair Use Licensing Ownership Copying 86

LexBlog IP

MAY 2, 2023

This Guidance covers some important topics. Can the developer’s terms of service (TOS) effectively shift liability to the user as some try to do? One issue that companies need to consider is that the terms of service for many of these tools try to shift liability to users.

Government 52

Government Business Copyright Licensing 52

43(B)log

FEBRUARY 16, 2024

In Abitron, the opinion of the Court insisted that “Congress has premised liability on a specific action (a particular sort of use in commerce),” and further stated that both 32 and 43(a) “treat confusion as a means to limit liability to only certain ‘bona fide use[s] of a mark in the ordinary course of trade.’”

Trademark 59

Trademark Fair Use Registration False Advertising 59

TorrentFreak

SEPTEMBER 15, 2021

Several of the movie companies are Voltage affiliates and in our second report on the topic, we wondered whether members of this coalition intended to go after alleged pirates in the UK. That now appears to be the case. Voltage Holdings Obtains High Court Order. The onus would be on VOLATGE to prove these allegations of infringement.”

Settlement 98

Settlement Copyright IP Reporting 98

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor three : Although the entirety of the photos were used, the court says the context still tips the third factor towards fair use: The article’s additions to Plaintiff’s photos express ideas (figuratively) and display images (literally) beyond what Plaintiff expressed in his photographs. The Snuggery”. Dillie the Deer”. Giraffe Woman”.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

LexBlog IP

FEBRUARY 2, 2024

Generally, the IRA will cover the following three main topics: registration rights of the securities (i.e. an Initial Public Offering or “IPO”); information and observer rights on the board of directors and rights of first offers (colloquially known as “preemptive rights”).

Government 64

Government Confidentiality Registration Business 64

Michael Geist

APRIL 6, 2022

In Bill C-18, the government flips that on its head by holding that the party enabling the referral must pay for the privilege of doing so. And they both require some act on the part of a third party before he or she gains access to the content. Hyperlinks, in particular, are an indispensable part of its operation.

Government 98

Government Business Journalism Marketing 98

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

If not, then the parties stipulated that the defense wins. Note: standard homeowners/rental insurance policies may provide coverage for defamation liability.]. Whether or not a Facebook accountholder “publishes” other user comments, Section 230 completely immunizes all legal liability for defamatory third-party comments.

Publishing 97

Publishing Social Media Blogging Law 97

Plagiarism Today

NOVEMBER 22, 2022

It is the third and the fourth that are the most commonly overlooked obstacles. Most Mastodon administrators have no interest in hosting pirated or infringing content and are happy to boot repeat infringers and infringing material when they are notified, but without a DMCA agent, there is still the potential for liability.

Copyright 274

Copyright Social Media Designs Design 274

43(B)log

FEBRUARY 24, 2021

Melissa Steinman: Shop Safe Act introduced trying to stop fakes in ecommerce; didn’t go through (attempt to create contributory liability for platforms) but will be reintroduced, so keep an eye out. Theme for this year: platform liability. Third party organizations also complain: PETA for animals, MADD for alcohol, other rights groups.

Advertising 40

Advertising Advertising Law Privacy 40

Copyright Lately

OCTOBER 24, 2022

The parties ultimately settled the case before trial. There are certainly interesting questions surrounding the potential liability companies behind AI tools could face for the copying that occurred at the input stage when the tools were first trained. AI-Generated Art to the Rescue? Could AI-generated art offer an alternative?

Artwork 88

Artwork Copyright Infringement Copyright Art 88

TorrentFreak

NOVEMBER 26, 2021

In common with all complex pieces of legislation, the final text will probably fall short in meeting everyone’s demands but at the moment, interested parties are doing whatever they can to ensure that their interests are taken care of. Rapid copyright takedowns, trusted flaggers, and other types of enforcement are all hot topics.

Due Diligence 118

Due Diligence Music Business Copyright 118

Technology & Marketing Law Blog

DECEMBER 26, 2023

By manipulating information provided by third parties, Defendants changed the meaning and significance of that information as well as the manner in which the content was presented, thereby arguably materially contributing to the information and becoming a developer or creator of information/content. LEXIS 1327 (Az. Superior Ct.

Publishing 85

Publishing Law Marketing Marketing 85

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The bill contemplates that the royalty amounts will be set by an “arbitrator” who will apply baseball-style “arbitration,” i.e., the valuation expert picks one of the parties’ proposals.

Journalism 89

Journalism Social Media Publishing Government 89

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. It says: assume that any assistance of any kind were sufficient to create liability. Twitter, Inc. Taamneh , No.

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

FEBRUARY 15, 2023

These choices constitute “editorial judgments” which are protected by the First Amendment… the Hateful Conduct Law requires social media networks to disseminate a message about the definition of “hateful conduct” or hate speech—a fraught and heavily debated topic today. Florida Attorney General Case citation : Volokh v.

Social Media 64

Social Media Law Publishing Blogging 64

Velocity of Content

DECEMBER 6, 2023

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.”

Copyright 97

Copyright Fair Use Licensing Copying 97

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). Overview of the Egyptian Copyright Law.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. In a less surprising decision, the Third Circuit (in a split opinion) says no. Section 230(c)(1) says websites aren’t liable for third-party content.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

The IP Law Blog

NOVEMBER 10, 2022

The Ninth Circuit was recently called upon to decide a case of first impression for it involving the interplay between immunity granted to website providers under the Communications Decency Act (“CDA”) and potential civil liability under The Allow States and Victims to Fight Online Sex Trafficking Act of 2018 (“FOSTA”). Reddit, Inc.

Law 96

Law Advertising Advertising Litigation 96