To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause
- In Kevin Khoa Nguyen v. Barnes & Noble Inc. , 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms of use... ›
She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”
A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for one of the network’s... ›UK’s Financial Services Regulator Issues Draft Guidance on Social Media – Should We Favourite* or #Fail?
On August 6, 2014, the UK’s financial services regulator, the Financial Conduct Authority (FCA), issued long-awaited draft guidance on the use of social media in financial promotions by regulated financial institutions. But if financial services firms operating in the UK were hoping that this... ›Hot Off the Press: The August Issue of Our Socially Aware Newsletter Is Now Available
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware , our Burton Award -winning guide to the law and business of social media, we examine the use of the Computer Fraud and Abuse Act to... ›Monkey in the Middle of Selfie Copyright Dispute
The “selfie” is now so ubiquitous that the word is in the Oxford English Dictionary , you can use it in Scrabble and it has spawned a whole new lexicon. Selfies are no longer the preserve of teens and reality stars; you now have... ›Ownership of Business-Related Social Media Accounts
By: Aaron P. Rubin
Socially Aware is pleased to announce that Van Rye Publishing has published the article “Ownership of Business-Related Social Media Accounts” by Morrison & Foerster partner Aaron Rubin and associate Anelia Delcheva in the book Employers and the Law: 2013-14 Anthology of Best Articles. The... ›- - Event
MoFo Women London Presents – Networking in the Digital Age: Social media is just another way to talk
Don’t know your ‘like’ from your ‘hashtag’? Got a LinkedIn account, but not sure how to get the most out of it? Use Twitter in your personal life, but not sure how it works in a business context? It is well established that effective... › - - Privacy
Picture This: Online Photos and Big Data
As the quality of visual recognition software continues to improve, privacy concerns have grown concomitantly. Because we now document our lives with so many pictures posted to social media— Facebook hosts over 250 billion photos, with 350 million new photos added every day —photographs... › Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping
By: Aaron P. Rubin
“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in 2013. Websites targeted by scrapers may incur damages resulting from, among... ›Copyright: Europe Explores its Boundaries Part 3: “Meltwater” – EU rules that browsing does not need a licence – a victory for common sense (or for pirates)?
On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, ( Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others ). In a ruling that some have hailed as a victory... ›