Socially Aware

June 01, 2018 - Advertising, Blockchain, First Amendment, Artificial Intelligence, European Union, GDPR
Social Links: Laws affecting politicians using Twitter & tourists taking photos; the GDPR takes effect; lost Bitcoins
By: Aaron P. Rubin
Finding that President Trump’s Twitter feed constitutes a public forum, a federal judge in New York City held that it’s a First Amendment violation when the President or one of his assistants blocks a Twitter user from viewing or responding to one of the
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May 23, 2018 - Copyright, IP, Litigation
Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near You
I confess: I have mixed emotions regarding the iconic “monkey-selfie” photo and all the hubbub it has created. Don’t get me wrong; I think monkeys are wonderful, and the photo deserves its iconic status. Who can resist smiling while viewing that famous image of
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May 07, 2018 - Advertising, Litigation
German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting
A recent German Federal Court of Justice decision may have a significant impact on content providers’ business models. Offering software that allows users to block advertising does not constitute an unfair commercial practice. Even providing advertisers with the option to pay for showing certain
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May 02, 2018 - Digital Content, Artificial Intelligence
Socially Aware’s John Delaney Receives “Reader’s Choice” Award
We’re proud to announce that the online platform JD Supra has named Socially Aware co-founder and co-editor John Delaney as the recipient of one of its 2018 Readers’ Choice Awards. John was chosen from among the nearly 50,000 writers who publish on JD Supra
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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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Social Links: Laws affecting politicians using Twitter & tourists taking photos; the GDPR takes effect; lost Bitcoins

By: Aaron P. Rubin

Monkey-Selfie Case Returns—To Court & (Maybe) a Theater Near You

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Socially Aware’s John Delaney Receives “Reader’s Choice” Award

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

The Coming Border Wars: U.S. Court Decision Refusing to Enforce Canadian Court Order Highlights the Growing Balkanization of the Internet

EU Regulation Reform—Unjustified Geo-Blocking to Be Phased Out by End of 2018

By: Alistair Maughan and Kristina Ehle

Lawsuit Against Online Dating App Grindr Dismissed Under Section 230 of the Communications Decency Act

By: Janie C. Buckley and J. Alexander Lawrence

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

U.S. v. Microsoft Leaves SCOTUS Between a Rock and a Hard Place