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Socially Aware Blog The Law and Business of Social Media

Monthly Archives: August 2012

Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit

Posted in Copyright, DMCA, Litigation

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

SEC Releases Proposed Rules Relaxing Ban on General Solicitation

Posted in SEC

Following 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

The Potential Perils of Posting Pictures (on Social Media)

Posted in Copyright, DMCA, IP, Litigation

In 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, Privacy

As 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, Litigation

The 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 Use

The 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, Privacy

The 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