EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site. WEBSITE PROVIDER LIABILITY FOR USER CONTENT AND ACTIONS Website Provider Liability for User Content and Actions By Cooley Godward’s Information Technology Group INTRODUCTION. Many websites have found that developing an online “community” is crucial to obtaining their business objectives. As a result, user-generated

content is

THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. SAMPLE WEB DEVELOPMENT AND HOSTING AGREEMENT SAMPLE WEBSITE DEVELOPMENT AND HOSTING AGREEMENT. (updated May 1998) This form is written as a sample agreement that would be used when a customer desires to procure website development and hosting services from a provider. This sample agreement is customer-favorable and is likely to contain many provisions unacceptable to providers. REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. CRIMINAL HARASSMENT CHARGES SURVIVE FIRST AMENDMENT This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up being mired in land use EMPLOYEE TERMINATED FOR ILL-ADVISED FACEBOOK POST GETS This is an unemployment benefits case. Sarah Black, who was employed by Puget Sound Security Patrol made the following post to her Facebook account in February 2012: u kno wat, I do not give a f about a GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site. WEBSITE PROVIDER LIABILITY FOR USER CONTENT AND ACTIONS Website Provider Liability for User Content and Actions By Cooley Godward’s Information Technology Group INTRODUCTION. Many websites have found that developing an online “community” is crucial to obtaining their business objectives. As a result, user-generated

content is

THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. SAMPLE WEB DEVELOPMENT AND HOSTING AGREEMENT SAMPLE WEBSITE DEVELOPMENT AND HOSTING AGREEMENT. (updated May 1998) This form is written as a sample agreement that would be used when a customer desires to procure website development and hosting services from a provider. This sample agreement is customer-favorable and is likely to contain many provisions unacceptable to providers. REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. CRIMINAL HARASSMENT CHARGES SURVIVE FIRST AMENDMENT This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up being mired in land use EMPLOYEE TERMINATED FOR ILL-ADVISED FACEBOOK POST GETS This is an unemployment benefits case. Sarah Black, who was employed by Puget Sound Security Patrol made the following post to her Facebook account in February 2012: u kno wat, I do not give a f about a GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time MORE PERSPECTIVES ABOUT VAN BUREN V. US (GUEST BLOG POST by guest blogger Kieran McCarthy . This was a critically important case with far-reaching policy implications across dozens of industries. 23 amici curiae were filed. WEBSITE PROVIDER LIABILITY FOR USER CONTENT AND ACTIONS Website Provider Liability for User Content and Actions By Cooley Godward’s Information Technology Group. INTRODUCTION. Many websites have found that developing an online “community” is crucial to obtaining their business objectives.As a result, user-generated content is ubiquitous online. DO WE EVEN NEED THE COMPUTER FRAUD & ABUSE ACT (CFAA)?-VAN Last week, the Supreme Court decided Van Buren v. US. Many hoped the decision would clarify how owners can delimit third-party usage of their computer resources for purposes of the Computer Fraud & Abuse Act (CFAA). Disappointingly, the court explicitly COURT AGAIN ENJOINS ANTI-TIKTOK EXECUTIVE ORDER-TIKTOK V Court Again Enjoins Anti-TikTok Executive Order–TikTok v. US. This is another ruling involving Trump’s efforts to kick TikTok and WeChat out of the United States. This court, interpreting the authorizing statute, previously partially enjoined the Secretary of Commerce’s implementation of the anti-TikTok executive order. SAMPLE WEB DEVELOPMENT AND HOSTING AGREEMENT SAMPLE WEBSITE DEVELOPMENT AND HOSTING AGREEMENT. (updated May 1998) This form is written as a sample agreement that would be used when a customer desires to procure website development and hosting services from a provider. This sample agreement is customer-favorable and is likely to contain many provisions unacceptable to providers. PINTEREST DEFEATS CONTRIBUTORY COPYRIGHT INFRINGEMENT This is a copyright infringement case against Pinterest for allegedly infringing “pins” by users. The plaintiff alleged claims for direct and contributory copyright infringement. Pinterest moved to dismiss the claim for contributory infringement. The court grants the

motion. In addition

TERRIBLE NINTH CIRCUIT 230(C)(2) RULING WILL MAKE THE In its Opinion in the Enigma Software vs Malwarebytes case the 9th Circuit (Justice Schroeder) held that Section 230 is not limitless – and reasoned that to grant immunity for anticompetitive tortious conduct by a company against a competitor would violate the statutory purposes of Section 230 expressly articulated by Congress and violate

the statute itself.

MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the HOW WILL COURTS HANDLE A "POOR MAN'S COPYRIGHT To me, a poor man’s copyright refers to the situation when an author mails a potentially copyrighted work to him- or herself and uses the postmark to establish the latest date on which the work was created. (In modern parlance, we might now call it a “poor person’s copyright” to remove any gender bias). In theory, the author gains HOW WELL DO YOU KNOW IP TRIVIA? LET'S FIND OUT Last week, the High Tech Law Institute hosted WIPIP, a conference where IP professors and fellows present their academic works-in-progress for peer feedback.As part of the festivities, we had an IP trivia night–which I believe is the first IP trivia contest the IP academic community has ever had. EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site. LAWYER CAN'T SUE GOOGLE FOR BAD CLIENT REVIEW-LEWIS V Lawyer Can’t Sue Google for Bad Client Review–Lewis v. Google. January 23, 2021 · by Eric Goldman · in Content Regulation, Derivative Liability. Kerry Lewis is a lawyer. A putative client, “Lolo Mosby,” posted a zero-star rating and a negative review of him. I can’t find the review online, and the link in the court

opinion no longer

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. CRIMINAL HARASSMENT CHARGES SURVIVE FIRST AMENDMENT This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up being mired in land use FAIR USE FOR “MEME” CAN’T BE DECIDED ON MOTION TO DISMISS by guest blogger Stacey Lantagne. Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to Wikimedia pursuant to a Creative Commons Attribution 2.0 Generic license.This license permits sharing and adaptation of the work, as long as GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site. LAWYER CAN'T SUE GOOGLE FOR BAD CLIENT REVIEW-LEWIS V Lawyer Can’t Sue Google for Bad Client Review–Lewis v. Google. January 23, 2021 · by Eric Goldman · in Content Regulation, Derivative Liability. Kerry Lewis is a lawyer. A putative client, “Lolo Mosby,” posted a zero-star rating and a negative review of him. I can’t find the review online, and the link in the court

opinion no longer

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. CRIMINAL HARASSMENT CHARGES SURVIVE FIRST AMENDMENT This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up being mired in land use FAIR USE FOR “MEME” CAN’T BE DECIDED ON MOTION TO DISMISS by guest blogger Stacey Lantagne. Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to Wikimedia pursuant to a Creative Commons Attribution 2.0 Generic license.This license permits sharing and adaptation of the work, as long as GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time DO WE EVEN NEED THE COMPUTER FRAUD & ABUSE ACT (CFAA)?-VAN Last week, the Supreme Court decided Van Buren v. US. Many hoped the decision would clarify how owners can delimit third-party usage of their computer resources for purposes of the Computer Fraud & Abuse Act (CFAA). Disappointingly, the court explicitly SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN STANDARD TERMS AND CONDITIONS. 1. DEFINITIONS. 1.1 “Advertisement” means any promotion of a product or service on the Provider Pages (other than the promotion of Brander or Provider as permitted by this Agreement or that is generated in Brander’s frame) for which the parties receive monetary consideration. 1.2 “Provider’s Marks” means the Provider’s domain name and the Provider DEFENDANTS KEEP GETTING ARBITRATION DESPITE THE ANARCHY IN Online contract formation law has gotten strange. The proliferation of “wrap” variations has tied up judges in knots. Despite the increasingly baroque and incoherent legal doctrines, the bottom line has largely remained the same: most online contracts are properly formed under current doctrine and thus are likely to work in court.

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. TERRIBLE NINTH CIRCUIT 230(C)(2) RULING WILL MAKE THE In its Opinion in the Enigma Software vs Malwarebytes case the 9th Circuit (Justice Schroeder) held that Section 230 is not limitless – and reasoned that to grant immunity for anticompetitive tortious conduct by a company against a competitor would violate the statutory purposes of Section 230 expressly articulated by Congress and violate

the statute itself.

PARTIAL SCREENSHOT QUALIFIES AS FAIR USE (ON A MOTION TO We’ve blogged about a few cases involving screenshots of newspaper pages consisting of copyrighted photos, including Clark v. TransAlt and Hirsch v. Complex Media. This case adds to that canon, but not in a particularly enlightening way. The screenshot at MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the WEB HOST CONVICTED OF STATE CHILD PORN CRIMES DESPITE 230 By Eric Goldman. People v. Gourlay, 2009 WL 529216 (Mich. App. Ct. March 3, 2009). Hot on the heels of the Cook County Sheriff’s publicity stunt filing against Craigslist, we get an interesting but complicated ruling exploring the application of 47 USC 230 to state criminal laws.The ruling tries to distinguish between ordinary web hosts and the defendant’s behavior, and in doing so finds HOW WELL DO YOU KNOW IP TRIVIA? LET'S FIND OUT Last week, the High Tech Law Institute hosted WIPIP, a conference where IP professors and fellows present their academic works-in-progress for peer feedback.As part of the festivities, we had an IP trivia night–which I believe is the first IP trivia contest the IP academic community has ever had. COURT SANCTIONS LAWYER FOR INCLUDING SOCIAL SECURITY I’ve blogged about parties who complain when opposing counsel wrongly includes personal information (usually social security numbers) in court filings. Attempts to assert counterclaims based on this type of conduct typically fail. For one example, see In EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site.

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

DECONSTRUCTING JUSTICE THOMAS' PRO-CENSORSHIP STATEMENT IN Last week, the Supreme Court vacated the Second Circuit’s Knight v. Trump ruling. The Second Circuit held that Trump violated the First Amendment when he blocked other Twitter users from engaging with his @realdonaldtrump account. Other courts are holding that REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the FAIR USE FOR “MEME” CAN’T BE DECIDED ON MOTION TO DISMISS by guest blogger Stacey Lantagne. Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to Wikimedia pursuant to a Creative Commons Attribution 2.0 Generic license.This license permits sharing and adaptation of the work, as long as GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time EMPLOYEE'S PRIVACY CLAIM BASED ON ALLEGEDLY IMPROPER Ehling v. Monmouth-Ocean Hosp. Service Corp., 2013 WL 4436539 (D.N.J. Aug. 20, 2013). We previously blogged about a case where the court declined to dismiss claims brought against an employer for accessing one employee’s Facebook posts EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site.

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

DECONSTRUCTING JUSTICE THOMAS' PRO-CENSORSHIP STATEMENT IN Last week, the Supreme Court vacated the Second Circuit’s Knight v. Trump ruling. The Second Circuit held that Trump violated the First Amendment when he blocked other Twitter users from engaging with his @realdonaldtrump account. Other courts are holding that REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the FAIR USE FOR “MEME” CAN’T BE DECIDED ON MOTION TO DISMISS by guest blogger Stacey Lantagne. Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to Wikimedia pursuant to a Creative Commons Attribution 2.0 Generic license.This license permits sharing and adaptation of the work, as long as GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time EMPLOYEE'S PRIVACY CLAIM BASED ON ALLEGEDLY IMPROPER Ehling v. Monmouth-Ocean Hosp. Service Corp., 2013 WL 4436539 (D.N.J. Aug. 20, 2013). We previously blogged about a case where the court declined to dismiss claims brought against an employer for accessing one employee’s Facebook posts INTERNET LAW / CYBERLAW Resources. My Internet Law Casebook, 2020 edition: PDF ($10), Kindle ($9.99) and hard copy ($20 + shipping/tax, and it includes a free PDF on request) My article on teaching Internet Law. Case studies on content moderation from the Trust & Safety Foundation. My handout on

trademark terms.

DO WE EVEN NEED THE COMPUTER FRAUD & ABUSE ACT (CFAA)?-VAN Last week, the Supreme Court decided Van Buren v. US. Many hoped the decision would clarify how owners can delimit third-party usage of their computer resources for purposes of the Computer Fraud & Abuse Act (CFAA). Disappointingly, the court explicitly PLAINTIFFS REQUEST PRELIMINARY INJUNCTION AGAINST FLORIDA Last week, I blogged about Florida’s censorship law, SB 7072. Late last week, NetChoice and CCIA filed a preliminary injunction request. I hope the court strikes down the law quickly, decisively, and with all of the opprobrium (and/or mockery) it THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

STUDENT ANSWERS TO CONTRACTS SAMPLE EXAM Answer to Question 2. A dog breeder would be considered a merchant-seller. Therefore, the dog breeder in selling a dog gives an implied warranty of merchantability. One of the criteria of the warranty of merchantability is that the goods must pass without objection in the trade under the contract description. Here the goods (Wire Terrier) would HOW TO REVIEW AND COMMENT ON A CONTRACT

In a transactional

practice, procedural choices can substantively affect the ultimate deal. In particular, a poor procedural choice can lead to the loss JUSTICE THOMAS WRITES A MISGUIDED ANTI-SECTION 230 Last year, the Ninth Circuit ruled that a plaintiff could plead around Section 230(c)(2)(B), the safe harbor for providing filtering instructions, by claiming that the filtering was motivated by anticompetitive animus.Last week, the Supreme Court denied certiorari. This isn’t surprising–the Supreme Court takes a low percentage of cases–but it’s too bad the Ninth Circuit ruling won’t PARTIAL SCREENSHOT QUALIFIES AS FAIR USE (ON A MOTION TO We’ve blogged about a few cases involving screenshots of newspaper pages consisting of copyrighted photos, including Clark v. TransAlt and Hirsch v. Complex Media. This case adds to that canon, but not in a particularly enlightening way. The screenshot at MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the CRIMINAL HARASSMENT CHARGES SURVIVE FIRST AMENDMENT This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up being mired in land use EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site.

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

DECONSTRUCTING JUSTICE THOMAS' PRO-CENSORSHIP STATEMENT IN Last week, the Supreme Court vacated the Second Circuit’s Knight v. Trump ruling. The Second Circuit held that Trump violated the First Amendment when he blocked other Twitter users from engaging with his @realdonaldtrump account. Other courts are holding that REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the FAIR USE FOR “MEME” CAN’T BE DECIDED ON MOTION TO DISMISS by guest blogger Stacey Lantagne. Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to Wikimedia pursuant to a Creative Commons Attribution 2.0 Generic license.This license permits sharing and adaptation of the work, as long as GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time EMPLOYEE'S PRIVACY CLAIM BASED ON ALLEGEDLY IMPROPER Ehling v. Monmouth-Ocean Hosp. Service Corp., 2013 WL 4436539 (D.N.J. Aug. 20, 2013). We previously blogged about a case where the court declined to dismiss claims brought against an employer for accessing one employee’s Facebook posts EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site.

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

DECONSTRUCTING JUSTICE THOMAS' PRO-CENSORSHIP STATEMENT IN Last week, the Supreme Court vacated the Second Circuit’s Knight v. Trump ruling. The Second Circuit held that Trump violated the First Amendment when he blocked other Twitter users from engaging with his @realdonaldtrump account. Other courts are holding that REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the FAIR USE FOR “MEME” CAN’T BE DECIDED ON MOTION TO DISMISS by guest blogger Stacey Lantagne. Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to Wikimedia pursuant to a Creative Commons Attribution 2.0 Generic license.This license permits sharing and adaptation of the work, as long as GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time EMPLOYEE'S PRIVACY CLAIM BASED ON ALLEGEDLY IMPROPER Ehling v. Monmouth-Ocean Hosp. Service Corp., 2013 WL 4436539 (D.N.J. Aug. 20, 2013). We previously blogged about a case where the court declined to dismiss claims brought against an employer for accessing one employee’s Facebook posts INTERNET LAW / CYBERLAW Resources. My Internet Law Casebook, 2020 edition: PDF ($10), Kindle ($9.99) and hard copy ($20 + shipping/tax, and it includes a free PDF on request) My article on teaching Internet Law. Case studies on content moderation from the Trust & Safety Foundation. My handout on

trademark terms.

DO WE EVEN NEED THE COMPUTER FRAUD & ABUSE ACT (CFAA)?-VAN Last week, the Supreme Court decided Van Buren v. US. Many hoped the decision would clarify how owners can delimit third-party usage of their computer resources for purposes of the Computer Fraud & Abuse Act (CFAA). Disappointingly, the court explicitly PLAINTIFFS REQUEST PRELIMINARY INJUNCTION AGAINST FLORIDA Last week, I blogged about Florida’s censorship law, SB 7072. Late last week, NetChoice and CCIA filed a preliminary injunction request. I hope the court strikes down the law quickly, decisively, and with all of the opprobrium (and/or mockery) it THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

STUDENT ANSWERS TO CONTRACTS SAMPLE EXAM Answer to Question 2. A dog breeder would be considered a merchant-seller. Therefore, the dog breeder in selling a dog gives an implied warranty of merchantability. One of the criteria of the warranty of merchantability is that the goods must pass without objection in the trade under the contract description. Here the goods (Wire Terrier) would HOW TO REVIEW AND COMMENT ON A CONTRACT

In a transactional

practice, procedural choices can substantively affect the ultimate deal. In particular, a poor procedural choice can lead to the loss JUSTICE THOMAS WRITES A MISGUIDED ANTI-SECTION 230 Last year, the Ninth Circuit ruled that a plaintiff could plead around Section 230(c)(2)(B), the safe harbor for providing filtering instructions, by claiming that the filtering was motivated by anticompetitive animus.Last week, the Supreme Court denied certiorari. This isn’t surprising–the Supreme Court takes a low percentage of cases–but it’s too bad the Ninth Circuit ruling won’t PARTIAL SCREENSHOT QUALIFIES AS FAIR USE (ON A MOTION TO We’ve blogged about a few cases involving screenshots of newspaper pages consisting of copyrighted photos, including Clark v. TransAlt and Hirsch v. Complex Media. This case adds to that canon, but not in a particularly enlightening way. The screenshot at MORE INTELLECTUAL PROPERTY TRIVIA QUESTIONS (THE OUTTAKES Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the CRIMINAL HARASSMENT CHARGES SURVIVE FIRST AMENDMENT This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up being mired in land use INTERNET LAW / CYBERLAW Resources. My Internet Law Casebook, 2020 edition: PDF ($10), Kindle ($9.99) and hard copy ($20 + shipping/tax, and it includes a free PDF on request) My article on teaching Internet Law. Case studies on content moderation from the Trust & Safety Foundation. My handout on

trademark terms.

EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site. COURT AGAIN ENJOINS ANTI-TIKTOK EXECUTIVE ORDER-TIKTOK V Court Again Enjoins Anti-TikTok Executive Order–TikTok v. US. This is another ruling involving Trump’s efforts to kick TikTok and WeChat out of the United States. This court, interpreting the authorizing statute, previously partially enjoined the Secretary of Commerce’s implementation of the anti-TikTok executive order. THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. FAIR USE FOR “MEME” CAN’T BE DECIDED ON MOTION TO DISMISS by guest blogger Stacey Lantagne. Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to Wikimedia pursuant to a Creative Commons Attribution 2.0 Generic license.This license permits sharing and adaptation of the work, as long as CRIMINAL HARASSMENT CHARGES SURVIVE FIRST AMENDMENT This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up being mired in land use INJURED PEDESTRIAN CAN'T SUE GOOGLE FOR PROVIDING FAULTY Rosenberg v. Harwood, No. 100916536 (Utah District Court; May 27, 2011) Lauren Rosenberg was struck by an automobile while walking along a rural highway “with heavy traffic and no sidewalks.” She sued the driver of INTERNET LAW / CYBERLAW Resources. My Internet Law Casebook, 2020 edition: PDF ($10), Kindle ($9.99) and hard copy ($20 + shipping/tax, and it includes a free PDF on request) My article on teaching Internet Law. Case studies on content moderation from the Trust & Safety Foundation. My handout on

trademark terms.

EIGHTH CIRCUIT EMBRACES THE INITIAL INTEREST CONFUSION The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in

EVERY BREATH I TAKE

NOTE: Zazzle defaults to a "safe" setting which screens out adult content, like the word "boobs." Once over in the Zazzle store, please adjust your content settings to "moderate" or higher in order to see the shirt and be able to click on it to purchase. SAMPLE CO-BRANDING AGREEMENTS BY ERC GOLDMAN Sample Contract #1. Affiliate Agreement/Brander-Favorable. As discussed, affiliate agreements are agreements whereby the provider agrees to compensate branders for directing traffic to the provider’s site by giving them a cut of transactional revenues generated from the provider’s site. COURT AGAIN ENJOINS ANTI-TIKTOK EXECUTIVE ORDER-TIKTOK V Court Again Enjoins Anti-TikTok Executive Order–TikTok v. US. This is another ruling involving Trump’s efforts to kick TikTok and WeChat out of the United States. This court, interpreting the authorizing statute, previously partially enjoined the Secretary of Commerce’s implementation of the anti-TikTok executive order. THE CCPA PROPOSED REGS’ DATA VALUATION CALCULATION One Pingback/Trackback. 29 June 2020 at 8:06am these problems. In circumstances where a business is engaged in allegedly A Review of the "Final" CCPA Regulations from the CA Attorney General - Technology &

Marketing Law Blog

REMINDER: CUTTING-AND-PASTING PHOTOS FROM THE INTERNET IS This is a mostly straightforward case of cutting-and-pasting a photo from the Internet. These cases don’t normally produce detailed federal court rulings because the defendant usually doesn’t have great defenses and prefers to settle early. FAIR USE FOR “MEME” CAN’T BE DECIDED ON MOTION TO DISMISS by guest blogger Stacey Lantagne. Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to Wikimedia pursuant to a Creative Commons Attribution 2.0 Generic license.This license permits sharing and adaptation of the work, as long as CRIMINAL HARASSMENT CHARGES SURVIVE FIRST AMENDMENT This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up being mired in land use INJURED PEDESTRIAN CAN'T SUE GOOGLE FOR PROVIDING FAULTY Rosenberg v. Harwood, No. 100916536 (Utah District Court; May 27, 2011) Lauren Rosenberg was struck by an automobile while walking along a rural highway “with heavy traffic and no sidewalks.” She sued the driver of PLAINTIFFS REQUEST PRELIMINARY INJUNCTION AGAINST FLORIDA Last week, I blogged about Florida’s censorship law, SB 7072. Late last week, NetChoice and CCIA filed a preliminary injunction request. I hope the court strikes down the law quickly, decisively, and with all of the opprobrium (and/or mockery) it TERRIBLE NINTH CIRCUIT 230(C)(2) RULING WILL MAKE THE In its Opinion in the Enigma Software vs Malwarebytes case the 9th Circuit (Justice Schroeder) held that Section 230 is not limitless – and reasoned that to grant immunity for anticompetitive tortious conduct by a company against a competitor would violate the statutory purposes of Section 230 expressly articulated by Congress and violate

the statute itself.

INJURED PEDESTRIAN CAN'T SUE GOOGLE FOR PROVIDING FAULTY Rosenberg v. Harwood, No. 100916536 (Utah District Court; May 27, 2011) Lauren Rosenberg was struck by an automobile while walking along a rural highway “with heavy traffic and no sidewalks.” She sued the driver of GOOGLE SUCCESSFULLY AMENDS ITS ADWORDS TOS TO ADD Some AdWords advertisers are suing Google for allegedly misimplementing negative keywords. Google seeks to move the dispute to arbitration. In 2013, Google’s AdWords TOS said: 11 Term. Google may add to, delete from or modify these Terms at any time EMPLOYEE'S PRIVACY CLAIM BASED ON ALLEGEDLY IMPROPER Ehling v. Monmouth-Ocean Hosp. Service Corp., 2013 WL 4436539 (D.N.J. Aug. 20, 2013). We previously blogged about a case where the court declined to dismiss claims brought against an employer for accessing one employee’s Facebook posts COURT REJECTS "BROWSEWRAP." IS THAT SURPRISING?-LONG V Court Rejects “Browsewrap.”. Is That Surprising?–Long v. ProFlowers. March 22, 2016 · by Venkat Balasubramani · in E-Commerce, Licensing/Contracts. Plaintiff ordered “completed assembled” flowers from ProFlowers.com. Rather than being fully assembled flowers, he received a “do-it yourself kit in a box”. He

brought a putative

HOW WILL COURTS HANDLE A "POOR MAN'S COPYRIGHT This made me curious about whether any courts had discussed the term, so I searched for the term “poor man’s copyright” in Westlaw and Lexis and found three cases: 1) Smith v. State, 901 N.Y.S.2d 902 (N.Y. Ct. Claims July 14, 2009): Mr. Smith provided Mr. Beer with the final version of his screenplay bearing a date of September 19, 1997 COURT SANCTIONS LAWYER FOR INCLUDING SOCIAL SECURITY I’ve blogged about parties who complain when opposing counsel wrongly includes personal information (usually social security numbers) in court filings. Attempts to assert counterclaims based on this type of conduct typically fail. For one example, see In GOOGLE SUED OVER RANKINGS-KINDERSTART.COM V. GOOGLE C 06-2057 RS (N.D. Cal. complaint filed March 17, 2006) Google has been sued for downgrading the PageRank of websites in contravention of its stated “objective” policies. In KinderStart’s case, they got kicked out of Google in March 2005 and immediately lost 70% of their traffic. Google is now 0.01% of KinderStart’s referral traffic. EMPLOYEE TERMINATED FOR ILL-ADVISED FACEBOOK POST GETS This is an unemployment benefits case. Sarah Black, who was employed by Puget Sound Security Patrol made the following post to her Facebook account in February 2012: u kno wat, I do not give a f about a

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