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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Bad reviews. On September 30th, the soon-to-be-launched app Peeple was described by the app’s co-founder, Julia Cordray, as a “Yelp for people,” that is, a peop

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Status Updates: People-rating app proves unpopular; new tech automates compelling-photo selection; Twitter 101 for the political class

Status Updates: People-rating app proves unpopular; new tech automates compelling-photo selection; Twitter 101 for the political class | Socially Aware

Bad reviews. On September 30th, the soon-to-be-launched app Peeple was described by the app’s co-founder, Julia Cordray, as a “<a href="https://www.linkedin.com/pulse/julia-cordray-ceo-peeple-creating-worlds-largest-app-julia-cordray" target="_blank" rel="noopener">Yelp for people</a>,” that is, a people-rating platform that would allow users to assign number ratings to anyone—anyone at all, fellow Peeple user or not—as long as the critic was 21, had an established Facebook account, used his real name, and could provide his subject’s cell phone number. The Washington Post <a href="https://www.washingtonpost.com/news/the-intersect/wp/2015/09/30/everyone-you-know-will-be-able-to-rate-you-on-the-terrifying-yelp-for-people-whether-you-want-them-to-or-not/" target="_blank" rel="noopener">reported</a> that “you can’t opt out—once someone puts your name in the Peeple system, it’s there unless you violate the site’s terms of service. And you can’t delete bad or biased reviews—that would defeat the whole purpose.” But by <a href="https://www.linkedin.com/pulse/julia-cordray-ceo-peeple-creating-worlds-largest-app-julia-cordray" target="_blank" rel="noopener">October 4th Cordray had changed her tune</a> entirely, describing Peeple as a “positive only app” that will not allow a review to appear until it has been explicitly approved by the subject of the review. An outraged public can take credit for Cordray’s about-face. In the comments section of the <a href="https://www.washingtonpost.com/news/the-intersect/wp/2015/09/30/everyone-you-know-will-be-able-to-rate-you-on-the-terrifying-yelp-for-people-whether-you-want-them-to-or-not/" target="_blank" rel="noopener">Washington Post</a> piece in which Cordray described Peeple’s original iteration, many readers expressed fear and disgust at the prospect of a site that would doubtless facilitate cyberbullying and, for some, encourage crippling self-consciousness. In other words, the very online lynch mob whose power Cordray hoped to profit from wound up turning on her. The irony of that <a href="https://www.linkedin.com/pulse/peeple-human-rating-app-bad-idea-you-might-still-missing-bariso?trk=hp-feed-article-title-channel-add" target="_blank" rel="noopener">did not go unnoticed</a>. Cordray’s new version of Peeple, which she <a href="https://www.linkedin.com/pulse/julia-cordray-ceo-peeple-creating-worlds-largest-app-julia-cordray" target="_blank" rel="noopener">promises</a> will be part of a “positive revolution” designed to fight back against the kind of online negativity she faced after the <a href="https://www.washingtonpost.com/news/the-intersect/wp/2015/09/30/everyone-you-know-will-be-able-to-rate-you-on-the-terrifying-yelp-for-people-whether-you-want-them-to-or-not/" target="_blank" rel="noopener">Washington Post</a> piece was published, is expected to launch before the end of the year.Picture perfect. Any social media marketing plan necessarily includes <a href="http://conversionxl.com/social-media-strategy-doesnt-rely-hope-getting-results/" target="_blank" rel="noopener">these two goals</a>: Identify your target audience, and attract and engage that audience with compelling content. We’ve <a href="https://www.sociallyawareblog.com/2015/08/27/status-updates-appeals-court-upholds-anti-cyberbullying-law-better-marketing-through-neural-networks-restaurant-owner-turns-the-tables-on-yelp-critic/" target="_blank" rel="noopener">written</a> about how neural networks are facilitating marketers’ use of photographs to help find target audiences by automatically identifying the products being used and the activities being undertaken by the subjects of photos posted to social media. Now, companies like EyeEm Mobile GmbH and Neon Labs Inc. are rolling out software to help marketers choose photographs that will engage those audiences with attractive content. The technology that these companies have developed automatically identifies images with qualities that potential customers are likely to find compelling. The software, <a href="http://www.wsj.com/articles/new-software-sifts-the-tide-of-online-images-1443722371" target="_blank" rel="noopener">according to the Wall Street Journal</a>, identifies “patterns common to images selected by professional photographers” or “characteristics shown to trigger brain activity in neuroscience experiments.” The human eye has proven to be more attracted to photographs in which the subject appears to be speaking in mid-sentence, for example, or in which the subject appears to be attracted to something happening offscreen. Since EyeEm debuted two months ago, the startup’s customers have enjoyed a 30% increase in interaction with their online content. The software works for online video posts, too, helping companies to select the most compelling frames for posting. Neon Labs reports that its partners and customers “made 16% to 40% more revenue on their videos due to increased clicks.”The powers that tweet. Twitter has a handbook explaining its platform to people running for elected office and it runs just under 140 characters pages. That’s right, the social media company notorious for its draconian limit on post lengths took 136 pages to “make sure that people feel empowered with the full story of what Twitter is,” according to <a href="http://www.npr.org/sections/itsallpolitics/2015/09/30/443128829/twitter-has-a-136-page-handbook-for-politicians-140-character-tweets?utm_medium=RSS&utm_campaign=news" target="_blank" rel="noopener">NPR’s interview</a> with Bridget Coyne, one of the people responsible for the manual’s compilation. Coyne told NPR that the creators of the “wildly popular” guide went into painstaking detail explaining how the platform works because they “didn’t want to make assumptions.” Still, it’s difficult to comprehend how the manual’s target audience—whom Coyne says includes congresspersons, chiefs of staff and Congressional interns—aren’t likely to be insulted by a manual that dedicates whole pages to topics such as, for example, “The Anatomy of a Tweet,” complete with numbered illustrations pointing out which part of a Twitter post constitutes the “profile photo” and which part is defined as the “tweet text.” Nevertheless, Coyne insists that Twitter continues to get positive feedback about the manual, and says she hopes to eventually publish a second version of it explaining new Twitter features like <a href="https://en.wikipedia.org/wiki/Periscope_(app)" target="_blank" rel="noopener">Periscope</a>. Does all this mean an end to political scandals due to Twitter misuse? Count us skeptical.