Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent
Welcome to Socially Aware
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.
- The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or stored by their users. To receive this protection, service providers must designate an agent... ›
Bitcoins, Big Headaches? Hazards Abound for Companies Seeking to Accept Bitcoin
From our sister blog, MoFo Tech : The Bitcoin “Cryptocurrency” has gained momentum in the market, and some businesses, including Overstock. com and TigerDirect.com, now accept bitcoins as payment. Many others are wondering if Bitcoin is a good fit for them—and they should factor... ›- - Privacy
“Do You Want to Know a Secret?” The Risks Posed by Anonymous Social Apps
First we had social media platforms, but recently a variety of “anti-social” media platforms have emerged—well, anti-social in a sense. For years, social media platforms have encouraged (or even, in some cases, required) us to use our real identities, with the aim of building... › Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim
In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These letters threaten litigation and warn of large penalty claims under the Unruh... ›Join the Socially Aware Team
By: Aaron P. Rubin
Are you a JD who is tuned into and excited about the legal landscape of social media? Ready for the opportunity to write full time? Morrison & Foerster’s Technology Transactions group in New York is recruiting for a Business Development Writer to craft articles,... ›- - Privacy
California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered
By: Julie O'Neill
California Attorney General Kamala Harris released a long-awaited report entitled Making Your Privacy Practices Public (Report) on May 21, 2014. The Report recommends “best practices” for compliance with the California Online Privacy Protection Act (CalOPPA). It was originally intended to answer critical questions about... › Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.
The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. The Court, in a 6-3... ›French Consumer Association Takes on Internet Giants
Earlier this year, the French consumer association UFC-Que Choisir initiated proceedings before the Paris District Court against Google Inc., Facebook Inc. and Twitter Inc., accusing these companies of using confusing and unlawful online privacy policies and terms of use agreements in the French versions... ›European Court of Justice Strengthens Right to Be Forgotten
The European Court of Justice (ECJ) issued a quite surprising decision against Google which has significant implications for global companies. On May 13, 2014 the ECJ issued a ruling which did not follow the rationale or the conclusions of its Advocate General, but instead... ›SEC Staff Guidance on the Use of Social Media in Securities Offerings, Tender Offers, Business Combinations and Proxy Contests
The staff of the Division of Corporation Finance of the U.S. Securities and Exchange Commission (SEC) recently provided guidance on applying its rules regarding communications in connection with securities offerings, tender offers, business combinations and proxy contests when statements are made utilizing certain social... ›