Over the past year, a number of courts across the country have decided cases involving contributory infringement and the application of the Digital Millennium Copyright Act’s § 512(c) safe harbor in the social media context. Unfortunately for those who favor a uniform approach to the law, the precedent being developed is in many ways inconsistent. On… Continue Reading
Monthly Archives: August 2012
SEC Releases Proposed Rules Relaxing Ban on General Solicitation
Posted in SECFollowing this morning’s meeting, the Commission has published its proposed rules: http://www.sec.gov/rules/proposed/2012/33-9354.pdf Summary The SEC published its guidance today as a proposed rule, with a comment period, and not as an interim final rule. The SEC proposes to amend Rule 506 to provide that the prohibition against general solicitation contained in Rule 502(c) shall not… Continue Reading
SEC Proposes Rules to Relax the Ban on General Solicitation: First Take
Posted in SECAt a meeting this morning, the SEC voted to propose rules relaxing the ban on general solicitation for certain offerings conducted pursuant to Rule 506 and resales under Rule 144A. In a meeting that lasted approximately 45 minutes, the Staff outlined the principal aspects of the proposed rules. The Staff indicated that it was proposing… Continue Reading
The Potential Perils of Posting Pictures (on Social Media)
Posted in Copyright, DMCA, IP, LitigationIn today’s information economy, content owners are faced with a challenging decision regarding digital content. On the one hand, the viral nature of social media can mean unprecedented exposure as digital content is shared. On the other, that opportunity can come with significant legal risk if companies take an insufficiently careful approach to intellectual property… Continue Reading
Update: What’s Not to Like?
Posted in Employment Law, Litigation, PrivacyAs we reported earlier this year, the Federal District Court for the Eastern District of Virginia held in Bland v. Roberts that merely “liking” a Facebook page is insufficient speech to merit constitutional protection. In the case, former employees of the Hampton Sheriff’s Office brought a lawsuit against Sheriff B.J. Roberts, in his individual and official… Continue Reading
The FTC’s Spokeo Settlement Highlights Social Media-Related Legal Risks
Posted in FTC, LitigationThe Federal Trade Commission (FTC) recently reached an $800,000 settlement with the data broker Spokeo, Inc. (“Spokeo”). The FTC’s complaint alleged violations not normally seen together: First, that Spokeo distributed personal information for background checks by employers in ways that failed to comply with the Fair Credit Reporting Act (FCRA) and, second, that Spokeo’s employees… Continue Reading
Look Before You Leap: Amazon Web Services Customers May Be Subject to an IP Covenant Not to Sue
Posted in Litigation, Terms of UseThe growth of cloud computing has been phenomenal, as companies ranging from early stage start-ups to conservative, blue-chip corporations have sought to take advantage of the cost savings offered by cloud-based solutions. And at the head of this revolution has been Amazon Web Services (AWS), one of the earliest and most popular of the cloud… Continue Reading
More Change Coming: The FTC Proposes Further Significant Changes to Its COPPA Rule
Posted in FTC, PrivacyThe Children’s Online Privacy Protection Act of 1998 (“COPPA”), which became effective in April 2000, has long served as the primary regulatory tool of the Federal Trade Commission (the “FTC”) to police online privacy issues concerning children under 13. The COPPA Rule (the “Rule”), promulgated by the FTC pursuant to COPPA, in general requires the… Continue Reading