Aaron Rubin

Aaron Rubin

Morrison & Foerster LLP

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Status Updates: Errand Apps for Everyone?; A Right to Be Forgotten Update; Your Entire Google Search History

Information wants to be (not quite) free. In its early years, the Internet was often seen as a vehicle for democratizing data, taking information that was previously accessible only to a select few and making it available to...more

5/28/2015 - European Court of Justice Facebook Google Mobile Apps Public Interest Right to Be Forgotten Search Engines Social Networks

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

5/15/2015 - Anonymity Copyright Digital Assets DMCA FTC Internet of Things Mobile Devices Online Reviews Social Media Social Networks Terms and Conditions Web Scraping Web Tracking Yelp

#Trademarks?: Hashtags as Trademarks

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more

5/14/2015 - Brand Corporate Counsel Examination Manual Hashtags Marketing Social Media Trademarks Twitter USPTO Young Lawyers

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope....more

5/12/2015 - Cable Television Providers Copyright Copyright Infringement DMCA HBO Injunctions Internet Streaming Live Streaming Showtime Sports Takedown Notices

Status Updates - May 2015

Social discovery. Are the photos and status updates that you post to your social media accounts discoverable regardless of the privacy settings you choose? If they contain information that is especially relevant to the case,...more

5/4/2015 - Discovery Facebook Privacy Settings Smartphones Social Networks

Status Updates - April 2015 #4

Home(page) renovation. In an effort to encourage return visits from the 150 million Internet users who visit Twitter every month without signing in, the social media giant has revamped its home page. Now, instead of just “a...more

4/22/2015 - Community Guidelines Demographics Facebook Instagram Social Networks Twitter

Status Updates - April 2015 #3

Searching social. At long last, tweets will appear in Google search results as soon as they’re sent, as the result of a deal that the two Internet giants recently struck. As part of its efforts to increase user growth and...more

4/14/2015 - Google Internet Streaming Madonna Mental Illness Mobile Apps Social Networks Twitter

Status Updates - April 2015

Dueling for ad dollars. U.S. companies will spend $52.8 billion on digital advertising this year, 2.5% more than they spent on it in 2014. And, while television advertising is still king—corporate marketers will invest almost...more

4/3/2015 - Online Advertisements Revenge Porn SnapChat Television Commercials

First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)

Under section 512(f) of the Digital Millennium Copyright Act (DMCA), copyright owners are liable for “any damages” stemming from knowingly false accusations of infringement that result in removal of the accused online...more

3/16/2015 - Copyright Copyright Infringement Damages DMCA Fraud Misrepresentation Section 512 Takedown Notices

Status Updates - March 2015

Forced friendship. A committee of the Arkansas Senate is expected to vote this week on a bill that would allow companies and other organizations responsible for supervising minors to require their employees to include a...more

3/12/2015 - Adult Entertainment Facebook Legislative Agendas Minors SnapChat Social Networks

Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on Deceased-User Accounts

It’s often said that, when it comes to regulating technology, U.S. laws aren’t up to speed. That includes U.S. trusts and estates laws, which, in many cases, do not say much about what happens to your digital assets after you...more

3/10/2015 - Deceased Digital Assets Facebook Google Instagram LinkedIn Pinterest Social Networks Twitter

Status Updates - February 2015 #3

Social media for minimalists. These days, the information flooding the news feeds on some social media platforms can feel overwhelming and redundant. Take Twitter, for example—a medium whose popularity has resulted in a user...more

2/17/2015 - Facebook Pinterest Social Networks Super Bowl This Twitter

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

2/6/2015 - Business Assets Cloud-Based Services Contract Negotiations Facebook FTC Google Google Glass Intangible Property Minors Social Media Social Networks

Status Updates - February 2015

Snap decision. The National Arbitration Forum has refused to transfer the domain name snapchatcheck.com to the company behind the popular messaging app Snapchat. The NAF panel decided that the respondent, Dreamhost, the...more

2/2/2015 - Domain Names Fair Use LinkedIn Online Advertisements SnapChat Social Media Social Networks

Status Updates - January 2015 #5

Pupils, passwords and privacy. A law that went into effect on January1st has the parents of some Illinois school children asking themselves how much of their children’s privacy they’re willing to forgo to keep cyberbullying...more

1/23/2015 - Cyberbullying DEA Facebook Law Enforcement Passwords Privacy Laws Public Schools Social Media

Status Updates - January 2015 #4

Social drinkers. The founder of the Lagunitas Brewing Company decided to drop a lawsuit that he’d filed against Sierra Nevada for trademark infringement after beer drinkers expressed their disapproval of the suit on Twitter. ...more

1/19/2015 - Beer Copyright Lagunitas Music Reputation Management Social Media Social Networks Trademark Infringement Trademarks Twitter Video Recordings YouTube

Good Rep: Social Media Assets in M&A Transactions

As we previously reported, a company’s social media pages and profiles, and the associated followers, friends and other connections, may constitute valuable business assets. In our experience, however, social media assets...more

1/12/2015 - Contract Drafting Contract Negotiations Corporate Counsel Digital Assets Purchase Agreement Representations and Warranties Social Media

Status Updates - January 2015 #2

Poster’s remorse. It’s official – as of Jan 1, social media sites accessible in California had to begin allowing users younger than 18 “to remove, or to request and obtain removal of” posts they regret. The legislation, known...more

1/9/2015 - First Amendment Google Minor Eraser Law Public Interest Search Engines Social Media Social Networks

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

12/23/2014 - Browsewrap Agreement Clickwrap Agreements Prior Express Consent Social Media Terms of Service Terms of Use Websites

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

12/17/2014 - Advertising Clickwrap Agreements Cloud-Based Services COPPA Counterfeiting Data Protection EU Facebook Infringement Internet Mobile Apps Social Media Terms of Use UK Websites

Status Updates - December 2014 #4

Instagrowth. Instagram’s relationship with Facebook is turning out to be mutually beneficial. Since Facebook bought Instagram for $1 billion in 2012, the photo sharing platform has passed the 300-million-user mark, surpassing...more

12/15/2014 - Automotive Industry Data Collection Data Protection Facebook Instagram Internet Social Media Social Networks Twitter Vehicle Tracking

So You Think You Have a Contract? Website Terms and Unconscionability

We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more

12/12/2014 - Clickwrap Agreements Internet Misrepresentation Terms of Use Unfair or Deceptive Trade Practices Websites

Status Updates - December 2014 #3

Block party. Twitter has revamped its anti-harassment policies to make it easier to report harassment on the network or to block another account. The change follows recent highly-publicized instances of “Twitter harassment,”...more

12/8/2014 - Anti-Harassment Policies Facebook Social Media Twitter Video Recordings

Status Updates - December 2014

Yik Yak arrests. For several months now we at Socially Aware have been writing about how college students have been using the purportedly anonymous messaging app Yik Yak to communicate deeply offensive remarks and threats of...more

12/4/2014 - Anonymity COPPA Criminal Prosecution Data Collection Google GPS Mobile Apps Offensive Language Privacy Concerns Students Uber Video Recordings Yik Yak YouTube

Forced to Cyber-Spy: Court Rules Parents Can Be Held Negligent for Child’s Facebook Activity

Are parents now liable for what their kids post to Facebook? According to a recent decision in the Georgia Court of Appeals, they are. The Georgia Court of Appeals held that the parents of a seventh-grade student...more

11/25/2014 - Appeals Cyberbullying Defamation Facebook Liability Minors Negligence Popular

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