The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 1 (Guest Blog Post)
By Guest Blogger Sharon K. Sandeen Several years ago, I noticed something remarkable. After years (decades really) of being ignored, trade secret law was finally getting the attention it deserved, and on both sides of the Atlantic. First came the…
512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner
BWP owns the rights to various celebrity photos. Examiner.com is a “entertainment, news and lifestyle network” that relies on content submitted by independent contractors confusingly called “examiners.” The Examiner’s written agreement specifies that “the examiners” are contractors, not employees. The…
The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Forbes Cross-Post)
Last week, Congress passed the Defend Trade Secrets Act (the DTSA), which President Obama will sign soon. The Defend Trade Secrets Act extends the current Economic Espionage Act of 1996, which criminalizes certain trade secret misappropriations, to allow civil lawsuits….
Santa Clara-Duke-USPTO Quality Conferences / Call for Participants
[Note: my colleague Colleen Chien has circulated this call for participation. I won’t be directly involved in either event, but they look terrific. I’m sharing it here in case you or someone in your network wants to participate. Please follow…
Proposed EU Regulation on Cross-Border Access to Copyrighted Content (Guest Blog Post)
by Guest Blogger Marketa Trimble When the European Commission issued its initial documents (here and here) in May 2015 regarding the Single Digital Market and geoblocking on the internet, the tone of the documents, and in particular their apparent vilification…
Important and Troubling Video Privacy Protection Act (VPPA) Ruling From First Circuit–Yershov v. Gannett
This is a Video Privacy Protection Act case alleging that Gannett, the owner of USA Today, improperly disclosed personally identifiable information to Adobe. Adobe offers analytics services to its clients by collecting user information and building user profiles. As alleged…
Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
Copyright * Naruto v. Slater: “Naruto is not an “author” within the meaning of the Copyright Act.” I heart Naruto! * Handshoe v. Abel, 1:14-cv-00159-KS-MTP (S.D. Miss. Jan. 8, 2016) (cites omitted): Given that there is no dispute that the…
Evidentiary Failings Undermine Arbitration Clauses in Online Terms
Earlier this week, we posted about a Seventh Circuit case where an ambiguous user call-to-action undermined an online contract formation procecss. (See “Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion“.) Recently, a couple of trial courts issued rulings denying companies’…
Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)
Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For Apple, a Search for a…
Sketchy Suit Between Native Advertising Competitors Produces Sketchy Section 230 Ruling–Adblade v. RevContent
This case is filled with sketchiness. First, the litigants compete in the “native advertising industry,” which doesn’t have a great reputation (and this lawsuit isn’t likely to improve it). Second, the ads in question promote wrinkle creams, diet pills and…