If a web server located outside the United States hosts video content that can be viewed by Internet users located in the United States, does a public performance result under U.S. copyright law?...more
In the classic rock song “Light My Fire,” ‘60s icon and the Doors’ lead singer Jim Morrison sang, “The time to hesitate is through.”
If your company operates a website or blog that hosts user-generated content, and has yet...more
12/14/2017
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Digital Media ,
DMCA ,
Intellectual Property Protection ,
Safe Harbors ,
Social Media ,
Third-Party Risk ,
User-Generated Content ,
Websites
We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of...more
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...more
Last year we explained how companies could protect their social media currency and heed the FTC’s warning on native advertising. We examined court opinions establishing the criteria for enforceable website terms of use and...more
1/10/2017
/ Ad-Blockers ,
Communications Decency Act ,
Emoji ,
Federal Trade Commission (FTC) ,
Legal Ethics ,
Marketing ,
Native Advertising ,
Section 230 ,
Social Media ,
Terms of Use ,
Trolls ,
Websites
The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits...more
9/27/2016
/ Bots ,
Department of Transportation (DOT) ,
Driverless Cars ,
Enforcement Authority ,
Google ,
Hackers ,
Internet Service Providers (ISPs) ,
LinkedIn ,
Personally Identifiable Information ,
Safety Precautions ,
Snapchat ,
Social Media ,
Transparency ,
Trolls ,
Twitter ,
Websites ,
Yelp
A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more
8/25/2016
/ Communications Decency Act ,
Defamation ,
Internet ,
Online Reviews ,
Safe Harbors ,
Section 230 ,
Social Media ,
Takedown Notices ,
User-Generated Content ,
Website Owner Liability ,
Websites ,
Yelp
If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post....more
7/20/2016
/ Class Action ,
Consumer Contracts ,
Consumer Fraud ,
E-Commerce ,
Internet Retailers ,
Mobile Apps ,
NJ Supreme Court ,
Savings Clause ,
Spokeo ,
Spokeo v Robins ,
Terms and Conditions ,
Warranties ,
Websites
Social media has upended a number of industries. Is Wall Street next?
Facebook is getting into the video game live-streaming business....more
6/10/2016
/ Arrest ,
Facebook ,
Google ,
Internet ,
Marketing ,
Offensive Language ,
Personal Brands ,
Snapchat ,
Social Media ,
Twitter ,
UK ,
Websites
The Internet contains over 4.6 billion Web pages, most of which are accessible for free, making content that we used to have to pay for—news, videos, games—available without having to hand over a credit card...more
In a fascinating, must-read article, a Google design ethicist explains the techniques that engineers and entrepreneurs employ to keep us hooked on the web.
A majority of U.S. adults—62%—now get their news on social...more
6/3/2016
/ Barack Obama ,
Email ,
Emoji ,
EU ,
Facebook ,
Google ,
Hate Speech ,
Instagram ,
Prison ,
Russia ,
Social Media ,
Social Networks ,
Websites
Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations, bankruptcy creditors’ access to business’ Facebook and...more
Amazon’s customer reviews have long been a go-to resource for consumers researching prospective purchases. Unfortunately, fake customer reviews—product critiques commissioned by merchants and manufacturers in an effort to...more
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 Computing ,
COPPA ,
Counterfeiting ,
Data Protection ,
EU ,
Facebook ,
Infringement ,
Internet ,
Mobile Apps ,
Social Media ,
Terms of Use ,
UK ,
Websites
..A relatively new site called Wanelo combines the features of a social media site and an e-commerce site by permitting users to “save” products that they are interested in, and showing them to their online friends. The site...more
The Federal Trade Commission’s announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement...more
The Federal Trade Commission’s (FTC) announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5...more
Even with the publication of draft “best practices” by the California Attorney General (AG), website operators remain uncertain as to their obligations under the new do-not-track disclosure requirements of the state’s Online...more