Q2 2014 Quick Links, Part 1 (IP)
…Radiancy’s internet marketing techniques are designed to “piggyback” Viatek’s marketing by using the Pearl trademark in the code for its website and by paying Google to have results for the…
Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights
…personally harmful. [emphasis added] Section 502 of California Penal Code: This section has been interpreted to require circumvention of a technical or code-based barrier. Plaintiffs argued that LinkedIn “tunnels through…
The Spectacular Failure of Employee Social Media Privacy Laws
…despite its partial staleness.] ____ I previously blogged about California Labor Code 980, the law attempting to restrict employers from asking for employee’s social media login credentials. In October 2013,…
Hulu Unable to Shake Video Privacy Protection Act Claims
…particular Hulu user, as well as the name of the program being viewed, along with other details. Hulu’s code also allowed for the placement of a unique comScore ID for…
Apple May Be Liable For Privacy Violations by Third Party Developed Apps
…California’s anti-hacking statute, section 502 (for failure to allege that Apple circumvented a technical or code-based barrier); (2) design defect/failure to warn (failure to allege harm to person or property);…
Revenge Porn Is Bad, But It’s Not GoDaddy’s Fault (Forbes Cross-Post)
…alleged violation of the Texas Penal Code for the same conduct. Allowing plaintiffs’ to assert any cause of action against GoDaddy for publishing content created by a third party, or…
Court Rules That Kids Can Be Bound By Facebook’s Member Agreement
…–- was one of the narrow types of contracts with minors that were void, or if the contract was merely voidable under California Family Code 6701, et seq. Section 6701…
Android and Pandora Privacy Rulings Accept Low Hurdle for Standing
…definition of PII. (Cf. “California Supreme Court Rules That a ZIP Code is Personal Identification Information — Pineda v. Williams-Sonoma“.) As a final note, I wouldn’t be surprised if the…
H2 2013 Quick Links, Part 4 (Social Media, Advertising, E-Commerce)
…of damages under CAN-SPAM and imposes personal liability against the CEO under CAN-SPAM, CFAA and CA Penal Code 502. Prior blog post. * In re Air Crash Near Clarence Center,…
AAUP Says Kansas Regents’ New Faculty Social Media Use Policy Violates Academic Freedom (Guest Blog Post)
…Association of University Professors (AAUP) Statement on Academic Freedom and Tenure. Academic freedom for faculty and staff is also protected by the Faculty Code…. While the new policy is intended…