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Socially Aware Blog The Law and Business of Social Media

Monthly Archives: March 2013

Supreme Court Holds That “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad

Posted in Copyright, Litigation

The Supreme Court of the United States issued its much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc., holding that the “first sale” doctrine protects a buyer or other lawful owner of a copy of a copyrighted work that was lawfully made abroad, following a lawful first sale. The 6-3 decision resolves a contested… Continue Reading

More Trouble With Work-Related Social Media Accounts

Posted in Litigation, Privacy

We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have addressed previously. In Castle Megastore Group, Inc. v. Wilson, plaintiff Castle Megastore Group (CMG), a retailer of novelty and… Continue Reading

Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement?

Posted in Litigation

According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in violation of a non-solicitation agreement. On February 12, 2013, U.S. District Court Judge James Payne of the… Continue Reading

It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

Posted in Litigation, Privacy

Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc., 246 P.3d 612 (Cal. 2011), that a retailer illegally collects personal identification information (PII) when it requests and records ZIP codes… Continue Reading

A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information

Posted in Litigation, Privacy

As social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle stemming from a dispute over the right to use certain user data. The story first came to light in October… Continue Reading

FTC Updates Its “Dot Com Disclosures” With a Focus on Social Media Advertising

Posted in FTC

On March 12, 2013, the Federal Trade Commission (FTC) issued an important update to its “Dot Com Disclosures” guide to advertisers on making effective online disclosures. In doing so, the FTC has driven home the points that: The consumer protection laws apply to all advertisers, regardless of the medium used—and including social media, even where there… Continue Reading

German Court Says Facebook Not Subject to German Law

Posted in Litigation

Facebook may be gaining ground in its struggle against German authorities. In a preliminary ruling, the state of Schleswig-Holstein’s Administrative Court has rejected penalties against Facebook Inc. and Facebook Ireland, stating that the social network is not subject to German law. The Schleswig-Holstein state data protection authority (the ULD) started enforcement proceedings against the social… Continue Reading