Socially Aware

October 30, 2024 - Defamation, E-Commerce, FTC, IP, Online Reviews, Privacy, Section 230 Safe Harbor
Socially Aware: Fake Reviews, Real Rulings, and an Epic Fail
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
FAKE REVIEW RULES TAKE EFFECT The Federal Trade Commission’s new rules banning phony online reviews are now in effect. These rules aim to curb false consumer testimonials, the buying of fake reviews from brokers, review suppression, falsifying social media influence, and misrepresentation of company
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September 10, 2024 - Arbitration, Copyright, IP, Section 230 Safe Harbor, Social Media Policy, Terms of Use
Social Links: Tinder, TikTok, and the Copacabana
Double-check before swiping right. Ubiquitous dating app Tinder scored a court victory when the U.S. District Court in New Jersey ruled in Ciapinska v. Tinder that the arbitration clause in the app’s terms of use (TOU) is binding. At the center of the suit
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August 05, 2024 - Artificial Intelligence, Copyright, First Amendment, Fraud, FTC, IP, Privacy, Section 230 Safe Harbor, Social Media Policy
Social Links: July 2024
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake pornography to sue anyone who knowingly creates, receives, or distributes such images. It only
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May 23, 2024 - Defamation, IP, Right of Publicity, Section 230 Safe Harbor, Social Media Policy
Part 4 – Section 230: 27 Years Old and Still in the Spotlight
By: Lawrence W. Gallick, Anthony M. Ramirez and Aaron P. Rubin
Section 230: 27 Years Old and Still in the Spotlight In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third parties—we’ll examine
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February 27, 2023 - IP, Section 230 Safe Harbor
Court Holds That Section 230’s Carve Out for “intellectual Property” Does Not Apply to Publicity Rights Claim in New York
By: Aaron P. Rubin and J. Alexander Lawrence
Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this term in Gonzalez v. Google LLC ). But
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October 13, 2020 - Artificial Intelligence, IP
In the Public Eye: USPTO Issues Report on AI
By: Tessa Schwartz
The USPTO recently released the report “Public Views on Artificial Intelligence and Intellectual Property Policy”. The report is part of the USPTO’s effort to engage with the innovation community and experts on AI and to promote innovation of AI through appropriate intellectual property incentives.
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June 04, 2020 - Trademark, Web Scraping, Copyright, IP
Webscraping a Publicly Available Database May Constitute Trade Secret Misappropriation
By: J. Alexander Lawrence
Is scraping data from a publicly available website trade secret misappropriation? Based on a new opinion from the Eleventh Circuit, It might be. In Compulife Software, Inc. v. Newman , Compulife Software , a life insurance quote database service alleged that one of its
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January 21, 2020 - Securities Law, Cybersecurity, IP
SEC Staff Issues Guidance on Technology, Data & IP Risks in International Operations
On December 19, 2019, the Staff of the U.S. Securities and Exchange Commission’s Division of Corporation Finance issued guidance outlining the Staff’s views about disclosure obligations that companies should consider with respect to technology, data and intellectual property risks that could arise when operations
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November 06, 2019 - DMCA, Copyright, IP, Litigation
Will the Music Industry Continue To Win Its Copyright Battle Against ISPs?
By: J. Alexander Lawrence
For the last twenty years, the music industry has been in a pitched battle to combat unauthorized downloading of music. Initially, the industry focused on filing lawsuits to shut down services that offered peer-to-peer or similar platforms, such as Napster , Aimster and Grokster.
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August 02, 2019 - Copyright, Fair Use, IP, Litigation
By Winning Motion to Dismiss, Supermodel Loses Chance to Clarify Whether She Can Lawfully Post Photos of Herself to Social Media
By: Aaron P. Rubin
A federal district court dismissed a case against supermodel Gigi Hadid for posting to Instagram a photo of herself that was taken by a paparazzo. The reason for the court’s decision was simple: The party claiming copyright ownership of the photo failed to get
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