Socially Aware

April 16, 2018 - First Amendment, Marketing, Copyright, Defamation, Free Speech, Litigation
Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from government officials’ social media accounts?
By: Aaron P. Rubin
Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent. The judgment is believed to be one of the largest awards
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March 20, 2018 - Section 230 Safe Harbor, IP, Litigation
The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the Internet
Does a search engine operator have to delist websites hosting, without authorization, your trade secret materials or other intellectual property? The answer may depend on where you sue—just ask Google. The U.S. District Court for the Northern District of California recently handed the company
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March 18, 2018 - European Union
EU Regulation Reform—Unjustified Geo-Blocking to Be Phased Out by End of 2018
By: Alistair Maughan and Kristina Ehle
Geo-blocking is the practice of preventing Internet users in one jurisdiction from accessing services elsewhere based on the user’s geographic location. The European Commission wants to eliminate geo-blocking within the EU—and has taken a significant step forward in its plans to do so by
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March 14, 2018 - Section 230 Safe Harbor, Product Liability, Litigation
Lawsuit Against Online Dating App Grindr Dismissed Under Section 230 of the Communications Decency Act
By: Janie C. Buckley and J. Alexander Lawrence
Section 230 of the Communications Decency Act continues to act as one of the strongest legal protections that social media companies have to avoid being saddled with crippling damage awards based on the misdeeds of their users. The strong protections afforded by Section 230(c)
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March 12, 2018 - First Amendment, Protected Speech, Privacy, Online Contracts, Copyright, Defamation, Compliance, IP, Litigation
Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could restrict website operators’ efforts to have minors consent to terms of use
By: Aaron P. Rubin
In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin Goldman had taken a photo of NFL quarterback Tom Brady,
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March 08, 2018 - Privacy, Cloud Computing, Litigation
U.S. v. Microsoft Leaves SCOTUS Between a Rock and a Hard Place
In February the U.S Supreme Court heard oral arguments in United States v. Microsoft. At issue is Microsoft’s challenge to a warrant issued by a U.S. court directing it to produce emails stored in Ireland. With implications for government investigations, privacy law, and multi-national tech
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March 06, 2018 - Endorsement Guides, FTC, Influencer Marketing
The FTC’s Quest for Better Influencer Disclosures
By: Julie O'Neill
In the last few years, as advertising has followed consumers from legacy media such as television to online video and social media platforms, the Federal Trade Commission has been attempting to ensure that participants in this new advertising ecosystem understand the importance of complying
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March 05, 2018 - Copyright, Fair Use
All Eyes on Fair Use: The Second Circuit Delivers a Victory for Copyright Owners
By: J. Alexander Lawrence
In U.S. copyright law circles, one of the hottest topics of debate is the degree to which the fair use doctrine—which allows for certain unauthorized uses of copyrighted works—should protect companies building commercial products and services based on content created by others, especially where
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February 22, 2018 - Terms of Use, Defamation
California Court Holds That YouTube’s Removal Notice Is Not Defamatory
By: Aaron P. Rubin
As we have noted previously , YouTube users sometimes object when the online video giant removes their videos based on terms-of-use violations, such as artificially inflated view counts. In a recent California case, Bartholomew v. YouTube, LLC, the court rejected a user’s claim that
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February 07, 2018 - Class Actions, Data Security, Privacy, Litigation
Amended California Law Expands Requirements for Consumer Subscriptions
By: Anthony M. Ramirez and Julie O'Neill
Companies that offer services, whether online or offline, to consumers on a subscription or other automatic renewal basis should be aware that such offers are heavily regulated at both the federal and state levels. A recent amendment to Section 17602 of California’s Business and
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