Socially Aware

June 13, 2017 - Class Actions, E-Commerce, Terms of Use, Litigation
E-tailers Rejoice as Decisions Limit Suits in Federal Court for Alleged Violations of N.J.’s Controversial Consumer Protection Law
Last year, this blog raised concerns regarding the TCCWNA, its growing popularity with plaintiffs’ lawyers and the implications for online retailers. At a high level, the TCCWNA is a New Jersey consumer protection law that focuses on contractual terms (including online terms of service)
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June 12, 2017 - First Amendment, Cyberbullying, Marketing, Copyright, Employment Law, Free Speech, Litigation
Social Links: Court disallows firing over Facebook page rant; Ether threatens Bitcoin’s reign as top digital currency; NBA slam dunks social media marketing
By: Aaron P. Rubin
One year since agreeing with the European Commission to remove hate speech within 24 hours of receiving a complaint about it, Facebook, Microsoft, Twitter and YouTube are removing flagged content an average of 59% of the time , the EC reports. The U.S. Court
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May 22, 2017 - Privacy, Stored Communications Act, Litigation
New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight
By: J. Alexander Lawrence
Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New York’s highest court—leaves Facebook users exposed
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May 12, 2017 - Advertising, Artificial Intelligence, Live streaming, Marketing, Copyright, Litigation, Wearable Computers
Social Links: Rules for researching jurors via social media; law enforcement and new technologies; Facebook tool allows copyright owners to claim ad earnings from unauthorized video uploads
By: Aaron P. Rubin
A nice overview of the rules on researching jurors’ social media accounts in various jurisdictions from Law.com. The importance of appearing at the top of Google search results, especially on mobile devices, is driving retailers to spend more and more on the search engine’s
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May 08, 2017 - DMCA, Copyright, Litigation
5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor
By: Aaron P. Rubin
The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet service provider (“ISP”). The defendant ISP, T&S Software Associates (“T&S”),
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May 03, 2017 - Privacy, Stored Communications Act, Litigation
Court Orders Google to Turn Over Foreign-Stored Data
The U.S. Department of Justice (DOJ) recently secured a notable victory against Google in a dispute over the enforceability of a U.S. search warrant seeking access to foreign-stored account data. The April 19 ruling—from Magistrate Judge Beeler in the U.S. District Court for the
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April 25, 2017 - Copyright, IP, Litigation
Limiting Statutory Damages in Internet Copyright Cases
By: Paul Goldstein and Joyce Liou
One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers can be held secondarily liable for the infringements of their
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April 20, 2017 - DMCA, European Union, Marketing, Privacy, Copyright, Section 230 Safe Harbor, Mobile, Litigation
Now Available: The April Issue of Our Socially Aware Newsletter
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we examine a Federal Trade Commission report on how companies engaging in cross-device tracking can stay on
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March 28, 2017 - Trademark, Copyright, IP, Litigation
Supreme Court Rules Cheerleading Uniform Designs Are Copyrightable
On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands that design elements of cheerleading uniforms may be protected under the Copyright Act. The 6-2 decision, written by Justice Thomas, clarified the scope of protection afforded to clothing designs
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February 12, 2017 - Advertising, Privacy, Litigation
Social Links: NJ court allows police to read suspects’ private messages; tech companies’ increased control over users’ devices; an app that blocks political posts
By: Aaron P. Rubin
A New Jersey court rules that state police can examine a suspect’s private social media messages without having to apply for an order under the state’s wiretapping laws. Technology companies are exercising a lot of control ever over users’ devices remotely, and it’s implicating privacy
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Topic Archives: Litigation

E-tailers Rejoice as Decisions Limit Suits in Federal Court for Alleged Violations of N.J.’s Controversial Consumer Protection Law

Social Links: Court disallows firing over Facebook page rant; Ether threatens Bitcoin’s reign as top digital currency; NBA slam dunks social media marketing

By: Aaron P. Rubin

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

By: J. Alexander Lawrence

Social Links: Rules for researching jurors via social media; law enforcement and new technologies; Facebook tool allows copyright owners to claim ad earnings from unauthorized video uploads

By: Aaron P. Rubin

5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

By: Aaron P. Rubin

Court Orders Google to Turn Over Foreign-Stored Data

Limiting Statutory Damages in Internet Copyright Cases

By: Paul Goldstein and Joyce Liou

Now Available: The April Issue of Our Socially Aware Newsletter

By: Aaron P. Rubin

Supreme Court Rules Cheerleading Uniform Designs Are Copyrightable

Social Links: NJ court allows police to read suspects’ private messages; tech companies’ increased control over users’ devices; an app that blocks political posts

By: Aaron P. Rubin