Pillsbury’s Social Media & Games Law Blog

News of Note for the Internet-Minded – Pokémon Go Edition

Even as the initial furor surrounding the release of developer Niantic’s Pokémon-themed ap has subsided, the issues raised by the mass embrace of the augmented reality-flavored game continue to merit attention from lawmakers,…more
| Art, Entertainment, & Sports Law

Pokémon Go and the Evolving Arena of Clickwrap Enforcement Against Children

According to the official Pokémon website, “kids all over the world have been discovering the enchanting world of Pokémon [for over 15 years].” Not surprisingly, many of us who used to be kids in the 15+ years are playing…more
| Commercial Law & Contracts

Algorithms and the Perception of Bias

On Saturday, July 23, Facebook acknowledged its anti-spam systems had briefly and accidentally blocked links to WikiLeaks files containing internal Democratic National Committee (DNC) emails. WikiLeaks had released 19,000 leaked…more
| Communications & Media Law

Pokémon Go Ushers in a New, Augmented World of Legal Liability Concerns

We predicted last year that 2016 would be the year of Pokémon. This prophecy came true last week within just two days of the Pokémon Go launch. The location-based augmented reality mobile game/app quickly surpassed Tinder in…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Science, Computers, & Technology

Warner Bros.’s “Paid to Play” Disclosures Draw FTC Action

Earlier this year, the Federal Trade Commission (FTC) went after Warner Bros. Home Entertainment Inc. for not clearly representing that several digital influencers were paid as part of a marketing campaign for the video game…more
| Antitrust & Trade Regulation

News of Note for the Internet-Minded

Snapchat announces a seismic shift, Microsoft looks to DNA for your long-term storage needs, and authorities try to get out ahead of some of the predictable consequences of Pokémon GO’s arrival. (Please look where you’re walking…more
| Communications & Media Law, Science, Computers, & Technology

A Little “Mayhem” Reveals Limits to Immunity Provision of Communications Decency Act

As a general rule, a website is not held liable for the content its users post on its platform. The Communications Decency Act (CDA) immunizes websites from lawsuits by not treating the website as the publisher or speaker of…more
| Communications & Media Law

News of Note for the Internet-Minded

To the surprise of no one, Instagram is pretty popular; Samsung puts a billion dollars into the Internet of Things; the FCC’s trying to decide if radio noise is a problem; and there’s an approach to virtual reality that won’t…more
| Communications & Media Law, Science, Computers, & Technology

Six Ways Site Design Can Potentially Render TOS Agreements Unenforceable

Our recent posts on successful legal challenges to the arbitration clauses in browsewrap and clickwrap agreements have a theme in common—even the most thorough and well-worded agreement can be rendered unenforceable by website…more
| Commercial Law & Contracts, Science, Computers, & Technology

Clickwrap Kryptonite: Don’t Let Site Design Undermine Your TOS

We previously covered the developing legal issues with browsewrap agreements and the importance of reviewing and updating any such agreement to ensure users are bound to the terms. In a browsewrap agreement, the user’s assent to…more
| Business Organizations, Communications & Media Law

How Binding Is Your Browsewrap Agreement?

Anyone who has purchased a product online or downloaded software for a computer, tablet or mobile device has likely encountered “browsewrap” and “clickwrap” agreements. Such agreements are the bread and butter of companies that…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law

Hulk Hogan’s Legal Leg Drop Sets Precedent for Celebrity Journalism

Famed wrestler Hulk Hogan’s $140 million trial verdict against Gawker Media for publishing a tape of him having relations with his best friend’s wife and using racially offensive language, sends a clear message that despite the…more
| Art, Entertainment, & Sports Law, Civil Procedure

LinkedIn Grapples with the Ripples of a 2012 Data Breach

Last week on the official LinkedIn blog, the company’s chief information security officer, Cory Scott, reported the company had become aware of an additional set of data that has just been released consisting of e-mail and…more
| Privacy, Science, Computers, & Technology

Say Yes to the Redress: A Potential Shift in Copyright Law May Arm the Fashion Police

Until recently, social media has been one of the only recourses for fashion designers and labels that have had their designs knocked off. Take the Acquazurra “Wild Thing” sandal, for example. Acquazzura is a high-end shoe brand…more
| Intellectual Property

News of Note for the Internet-Minded – 5/12/16

AI teaching assistants and the NBA’s interest in VR aside, this week’s roundup has plenty of darker-themed stories, including torture-proof passwords, live-streamed suicide and death while AR gaming. - An Irish man dies…more
| Communications & Media Law, Science, Computers, & Technology
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