FTC Wins Deception Case Over Faux User-Generated Content–Fanning v. FTC
…the profile pages were “user generated” rather than pre-populated by Jerk. While the site never actually said its profiles were user-submitted, the court says that the language employed by the…
512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner
…agreement specifies that “the examiners” are contractors, not employees. The agreements also require the contractors to obtain permission from the copyright owner before submitting content, or otherwise submit non-infringing content….
Santa Clara-Duke-USPTO Quality Conferences / Call for Participants
…in the conference. Going forward, we may have funding for commissioned research on the topics listed below. If you are interested in conducting additional commissioned research, please submit a short…
What’s the Legal Definition of a “Social Media Site”? Uh… (People v. Lopez)
…that the probationer: provide [his probation officer with] all passwords to any social media sites, including but not limited to Facebook, Instagram, MocoSpace, MySpace, or anything similar. And shall submit…
Bashing Your Litigation Opponent in an Online Message Board? Go For It! (Forbes Cross-Post)
…the end of the story said “Have an opinion about this story? Click here to submit a Letter to the Editor, and we may publish it in print. Or submit…
When Does A Parody Twitter Account Constitute Criminal Identity Theft?–Sims v. Monaghan
…of the statute specifically references communications where someone “pretends to be a public servant in order to induce another to submit to such authority or act in reliance on such…
The Perkins v. LinkedIn Class Action Settlement Notification Was Badly Bungled (Forbes Cross-Post)
…If you can’t see the image, here’s the key language: SUBMIT A CLAIM FORM / If the Court gives final approval to the Settlement, this is the only way to…
9th Circuit Sides With Fair Use in Dancing Baby Takedown Case
…may be sufficient if copyright holders utilize computer programs that automatically identify for takedown notifications content where: “(1) the video track matches the video track of a copyrighted work submitted…
Hashtags Are Not Trademarks—Eksouzian v. Albanese (Guest Blog Post)
…They submit a report from a social media expert who opines that using a competitor’s product name that way is a common practice, analogous to “placing an advertisement on a…
More Section 230 Cases Than I Can Handle!
…to withhold or refuse approval on any website, newsletter, company, or individual for any reason, whatsoever. Although LeadClick asserts that, “in practice, affiliate marketers were not required to submit their…