Socially Aware

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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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 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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January 04, 2018 - Advertising, Blockchain, Internet of Things, Patent, European Union, Privacy, UK, Copyright, Section 230 Safe Harbor, IP, Litigation
2018: Predictions From Socially Aware’s Editors and Contributors
By: Aaron P. Rubin
Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and cryptocurrencies in the spotlight, and a number of
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October 18, 2017 - Blockchain, Privacy, IP
Social Links: Russia’s threat to block Facebook; Google’s publisher-friendly move; a cease-and-desist letter worth emulating
By: Aaron P. Rubin
As part of a new tracking system, the Department of Homeland Security will be keeping records of immigrants’ social media handles and search results. Russia to Facebook: Turn over user-information or risk being blocked. Google is ending a policy that required news sites to
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August 17, 2017 - DMCA, topics/undefined, Copyright, IP, Litigation
Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?
With over one billion websites on the Internet , and 211 million items of online content created every minute , it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed with online
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April 25, 2017 - Copyright, IP, Litigation
Limiting Statutory Damages in Internet Copyright Cases
By: Paul Goldstein and Joyce Liou
One of the most significant legal concerns for Internet service providers is the risk of exposure to liability for the copyright infringements of their users. The concern is not unreasonable. Because Internet service providers can be held secondarily liable for the infringements of their
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March 28, 2017 - Trademark, Copyright, IP, Litigation
Supreme Court Rules Cheerleading Uniform Designs Are Copyrightable
By: Jennifer Lee Taylor
On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands that design elements of cheerleading uniforms may be protected under the Copyright Act. The 6-2 decision, written by Justice Thomas, clarified the scope of protection afforded to clothing designs
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August 10, 2016 - DMCA, Terms of Use, Copyright, IP
Commercializing User-Generated Content: Five Risk Reduction Strategies
By: Anthony M. Ramirez
We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting boost to their traffic numbers. And U.S.
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July 15, 2016 - Patent, Live streaming, Privacy, UK, IP, Litigation
Social Links: Appeals court opinions show reach of anti-hacking law; a virtual reality sickness cure; intrigue at Vine
By: Aaron P. Rubin
The UK wants to use the blockchain to track the spending of welfare recipients. Some believe that a recent Ninth Circuit holding could turn sharing passwords into a federal crime under the Computer Fraud and Abuse Act. And another Ninth Circuit opinion sided with
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