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Socially Aware Blog The Law and Business of Social Media

Monthly Archives: April 2013

Administering Arbitration Clauses in Online Terms of Service Agreements

Posted in Arbitration, Terms of Use

Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge Many companies are providing for arbitration of disputes in their terms of service agreements governing use of their websites or other online or mobile services. Arbitration clauses in online terms of service agreements should be carefully drafted in order to ensure that… Continue Reading

E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute

Posted in E-Commerce, Litigation

On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause or the Due Process Clause of the U.S. Constitution. As a result, an Internet vendor may be presumed to have… Continue Reading

European Privacy Regulator Issues Important Opinion on the Use of Apps

Posted in FTC, Privacy

On February 27, 2013, the European Article 29 Working Party (a group comprising representatives from all of the data protection authorities of the EU Member States, referred to in this articles as “WP29”) issued an Opinion on the privacy and data protection implications of the use of apps on mobile devices (“the Opinion”). The Opinion… Continue Reading

Technology Law Update: Recent Developments in Social Media & Internet Law

Posted in Event

Please join Socially Aware editor John Delaney as he speaks at the New England Corporate Counsel Association’s “Technology Law Update: Recent Developments in Social Media & Internet Law” event in Waltham, MA on Wednesday, April 10. Issues to be addressed in the presentation include the following: Recent developments and trends impacting corporate uses of social… Continue Reading

SEC Offers Guidance on Use of Social Media for Public Disclosure

Posted in SEC, Securities Law

On April 2, 2013, the U.S. Securities and Exchange Commission (SEC) issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 which indicates that social media channels—such as Twitter and Facebook—could be used by public companies to disseminate material information, without running afoul of Regulation… Continue Reading

Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act

Posted in Copyright, Litigation

It is well settled that Internet search engines’ reproduction of limited portions of copyrighted materials in order to direct Internet users to locations of original content constitutes “fair use” under the Copyright Act. (See, for example, Perfect 10, Inc. v. Amazon.com, Inc. and Kelly v. Arriba Soft.) But where is the line between, on the one… Continue Reading