Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison Foerster publishes this blog devoted to the law and business of social media.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.Aaron’s practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud-based technology, digital media (social media, AR/VR, gaming, streaming media, AdTech), AI, healthcare, consumer electronics, e-commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on branding and marketing, trademark licensing, and content-related transactions, as well as the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.He has represented clients such as Autodesk, Meta, OpenAI, Splunk, Konami, Kaiser Permanente, SoftBank, Visa, and Yahoo, among others.Aaron has been recognized by numerous publications for his work on market-defining technology transactions. He is currently ranked by Chambers USA for “Technology Transactions.”Aaron also serves as co-editor of Socially Aware, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics. Aaron is also a sought-after speaker on new and emerging areas of law, and is a frequent presenter and panelist at conferences and legal services programs. In addition to his active practice, Aaron regularly provides pro bono assistance to various nonprofit and charitable organizations such as Common Sense Media and the Starlight Children’s Foundation. He is a member of the board of directors of California Lawyers for the Arts.While in law school at the University of California, Berkeley, Boalt Hall School of Law, Aaron served as executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Aaron served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.

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Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

Aaron P. Rubin

Lawrence Gallick is of counsel in the firm’s Austin office and a member of the Technology Transactions Group.Lawrence focuses his practice on technology transactions and licensing matters. His diverse experience includes advising on SaaS agreements, cross-licensing agreements, research and collaboration agreements, development agreements, and distribution agreements. He counsels a broad range of companies across the software, hardware, life sciences, biotech and FinTech spaces, as well as other entities including universities.He advises clients in connection with general corporate matters including contract negotiations, and leasing and technology placement agreements.Lawrence also serves as co-editor of <a href="https://www.sociallyawareblog.com/" target="_blank">Socially Aware</a>, the firm’s award-winning newsletter and blog devoted to the law and business of social media, and regularly publishes on various IP and technology-related topics.Prior to joining the firm, Lawrence was counsel at another major law firm. Before earning his law degree, Lawrence was a web consultant, project manager, and web developer in Portland, Oregon, where he managed and consulted on projects using industry methodologies and performed custom development and integration of content management systems.Lawrence was named a Super Lawyers “Rising Star” in 2015 and 2018–2022, and is licensed in both California and New York. Lawrence earned his J.D. from the University at Buffalo School of Law, where he was the electronic systems editor for the Buffalo Law Review and awarded the ABA-BNA Award for Excellence in the Study of Intellectual Property Law.

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Lawrence Gallick

Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster.Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions. His clients include technology, digital media and content for television and music, financial services, and communications companies with diverse intellectual property assets and issues.His practice focuses on the legal aspects of developing, licensing, and commercializing technology and intellectual property, as well as negotiating general commercial contracts, including outsourcing transactions, as well as content and data licenses. He regularly assists clients with legal issues relating to licensing and commercialization of digital media and content, digital content that is distributed over the Internet or streamed, mobile applications and social media, as well as the licensing of recorded music for distribution via digital platforms. Anthony is also experienced with issues relating to open-source software, software development, artificial intelligence and machine learning, cloud-based technology, and protection of proprietary information.Anthony has extensive experience working on matters involving disruptive technologies, such as blockchain. He has helped fintech clients with general intellectual property issues in connection with terms of service for online financial products and services.Anthony is an integral part of the outside pro bono legal team for nonprofit organizations based in New York, including advising clients on legal issues regarding entertainment, social media, privacy rights, and the negotiation of outsourcing and service agreements. Anthony received his J.D. from the University of Michigan Law School in 2009. He received his B.S. from Cornell University in 2004.

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Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. He advises clients on general commercial and transactional matters. His clients include technology, media, and communications companies with considerable intellectual property assets. His practice focuses on the legal aspects of licensing and commercializing technology and intellectual property, as well as negotiating general commercial contracts. He also regularly assists clients with legal issues relating to mobile applications and social media.

Anthony M. Ramirez

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Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

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Socially Aware is devoted to the law and business of social media, proactively addressing emerging issues and keeping our clients informed of new developments. We cover fields such as artificial intelligence, privacy and data security, Section 230, intellectual property, and much more.

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Lawrence W. Gallick

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Lawrence W. Gallick on Toth v. Everly Well, Inc.

<div data-reactroot=""></div>When we last examined the intellectual property issues raised by a self-portrait taken by a talented female Indonesian crested black macaque—popularly known as the “Monkey Selfie”—we concluded that there was unlikely to be any copyright protection in the work, under either U.S. law or U.K. law.Following that analysis, the U.S. Copyright Office further clarified its views on the subject.  In its public draft of the third edition of the <a href="http://copyright.gov/comp3/" target="_blank" rel="noopener">Compendium of U.S. Copyright Office Practices</a>, the Copyright Office specified in Section 306 (“The Human Authorship Requirement”) that “[t]he Office will not register works produced by nature, animals, or plants. . . .  Examples:  A photograph taken by a monkey.” Now there is yet another wrinkle in the saga of what may be the world’s most photogenic monkey.A company identified as Saban Capital Group Inc., based out of the British Virgin Islands, has filed <a href="http://tsdr.uspto.gov/#caseNumber=86448807&caseType=SERIAL_NO&searchType=statusSearch" target="_blank" rel="noopener">an application with the U.S. Patent and Trademark Office</a> to register a trademark in the image of a monkey for use on various types of apparel—including wedding gowns (one can only imagine the market for such an item).  The company claims to have been using this image in commerce since August 16, 2010—which we understand is prior to the date that the Monkey Selfie was taken.  Nevertheless, the <a href="http://tsdr.uspto.gov/#caseNumber=86448807&caseType=SERIAL_NO&searchType=statusSearch" target="_blank" rel="noopener">image in question</a> bears a striking resemblance to a certain <a href="http://i.huffpost.com/gen/1950841/thumbs/o-MONKEY-SELFIE-570.jpg?5" target="_blank" rel="noopener">photograph</a> of a fetching Indonesian primate.  But given that no one owns a copyright in the Monkey Selfie, it is unclear whether the Trademark Office or anyone else will seek to prevent a drawing based on the image—if that is what this is—from being registered as a trademark for use on certain apparel.<div data-reactroot=""></div>We note that the application is in its very early stages, and has not yet been assigned to an examining attorney.Having made an impact on copyright law, is the monkey now turning her sights to trademark law? What next? The right of publicity? A patent application? Will any area of intellectual property law be left untouched by this simian shutterbug? Stay tuned.

Monkey Selfie Redux

Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near You

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When we last examined the intellectual property issues raised by a self-portrait taken by a talented female Indonesian crested black macaque—popularly known as 

Do you still “like” me? Companies with Facebook Pages will find themselves asking that question of their followers over the next few weeks, as Facebook brings an end to the popular practice of offering discounts, exclusive content and other incentives in exchange for liking a Page.Facebook had previously facilitated this exchange by allowing Page operators to reveal certain content only to users who had liked the Page. This practice was known as “<a href="https://www.facebook.com/note.php?note_id=476914309307" target="_blank" rel="noopener">like gating</a>.” The exclusive content might have included coupon codes, contest entry forms, voting buttons for polls and other content that would create an incentive for the user to like the Page. Even altruistic incentives have been offered, such as promises by brands to donate a dollar to charity for each like that their Page receives.Like gating became a popular—and successful—way for companies to build followers for their Facebook Pages. We won’t know exactly how many of the 4.5 billion likes per day received on Facebook were due to like gating, but the number was certainly significant.The like gate disappeared earlier this month almost as quickly as it had become widespread. Following a 90-day grace period, <a href="https://developers.facebook.com/policy" target="_blank" rel="noopener">a new Facebook rule</a> took effect on November 5, 2014, identifying three—and only three—specific actions on Facebook that users could be incentivized to perform. Companies quickly realized that liking a Page was conspicuously absent from that list of actions. (It remains permissible to provide incentives for users to log into a Facebook app, to enter a promotion on a Facebook app’s Page, and to check into a place.)In a blog post <a href="https://developers.facebook.com/blog/post/2014/08/07/Graph-API-v2.1/" target="_blank" rel="noopener">announcing</a> this change, Facebook made clear that companies “must not incentivize people to use social plugins or to like a Page.” Facebook also provided its behind-the-scenes reasoning on the change. Facebook believes that eliminating the practice of like gating will help “ensure quality connections and help businesses reach the people who matter to them” rather than building relationships on Facebook that are based on “artificial incentives.”Companies will undoubtedly find ways to continue building their presences on Facebook without using the like gate. Indeed, many marketers had already been advising that like gating was quickly becoming an outdated practice, and that the followers generated by like gating were less valuable than followers generated organically.The next time you log into Facebook, you may find your favorite brand asking you to engage with the brand in a more substantial way, such as by submitting user-generated content, instead of simply liking its Page. Known as “<a href="http://www.inc.com/jim-belosic/why-facebook-s-like-gating-ban-will-make-your-facebook-presence-stronger.html" target="_blank" rel="noopener">action gating</a>,” this alternative practice is already being touted by marketers as a way to build a more valuable online fan base through more active types of engagement.The like gate is dead. Long live the action gate.

Anthony Ramirez is a partner in the Technology Transactions Group in the New York office of Morrison Foerster. Anthony advises clients on general commercial and transactional matters. He regularly advises companies on the IP aspects of their M&A transactions.











Anthony Ramirez

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R.I.P.: The Facebook “Like” Gate

Do you still “like” me? Companies with Facebook Pages will find themselves asking that question of their followers over the next few weeks, as Facebook brings a

R.I.P.: The Facebook “Like” Gate

Earlier this year, Socially Aware <a href="http://www.sociallyawareblog.com/2014/03/27/google-ordered-to-remove-all-copies-of-anti-islamic-film-from-youtube-after-actress-with-bit-part-threatened-by-outraged-muslims-decision-puzzles-copyright-attorneys/" target="_blank" rel="noopener">noted</a> a peculiar <a href="http://cdn.ca9.uscourts.gov/datastore/general/2014/02/28/12-57302_opinion.pdf" target="_blank" rel="noopener">decision</a> out of the Ninth Circuit Court of Appeals holding that an actress owns a copyright interest in her five-second performance in a film and thus could demand the removal of all copies of the film posted to YouTube.The actress, Cindy Lee Garcia, claims that she had been duped into appearing in the anti-Islamic film, called The Innocence of Muslims.After the film went viral, Garcia received death threats for her involvement in the project.  While everyone generally sympathizes with her predicament, the Ninth Circuit’s decision creates serious issues for both the entertainment community and online distributors of user-generated content, two industries that seldom share common cause.Shortly after the three-judge panel of the Ninth Circuit issued its decision, Google <a href="http://cdn.ca9.uscourts.gov/datastore/general/2014/03/13/12-57302_pfr_eb_google_yt.pdf" target="_blank" rel="noopener">sought en banc review</a> by the Ninth Circuit. In “friends of the court” briefs, a broad spectrum of interested parties such as Facebook, Netflix, Pinterest, Twitter, Yahoo!, National Public Radio, the Los Angeles Times, the Washington Post, and the documentary filmmaker Morgan Spurlock of “Super Size Me” fame joined with Google.Now, eight months after Google first sought en banc review, the Ninth Circuit <a href="http://cdn.ca9.uscourts.gov/datastore/general/2014/11/12/12-57302%20Garcia%20EB%20Order.pdf" target="_blank" rel="noopener">has agreed to rehear the case</a>. In a procedure unique to the Ninth Circuit, the case will be heard by 11 of its 29 active judges, rather than the full court. The hearing is currently scheduled to take place during the week of December 15, 2014 in Pasadena, California. A decision will likely be issued sometime in early 2015.

L.W. v. Snap Inc.,  675 F. Supp. 3d 1087 

Wamai v. Industrial Bank of Korea , 2021 WL 3038402 

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Change Healthcare Operations, LLC v WebMD Health Corp. 2017 WL 6610411  

Register.com, Inc. v. Verio, Inc.

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Biovail Corp. v. S.A.C. Capital Mgmt. 2009 WL 2844404 

Multi–Faceted Investigation of University Grants

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Alex advises on all aspects of complex commercial litigation in federal and state trial and appellate courts and in arbitration. He has represented U.S. and international clients in actions involving 

J. Lawrence

J. Alexander Lawrence

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Ninth Circuit to Reconsider the Curious Copyright Case Requiring YouTube to Take Down All Copies of Anti-Islamic Film

Ninth Circuit to Reconsider the Curious Copyright Case Requiring YouTube to Take Down All Copies of Anti-Islamic Film