Pillsbury’s Social Media & Games Law Blog

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McLean, Virginia 22102-4856, United States
Phone: 212.858.1000
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Can Cloned Video Games Survive the Battle Royale?

Cloning is the process of creating a video game that is significantly motivated or inspired by an existing popular video game or series. Developers have been cloning popular video games since the 1980s, including Tetris, Doom,…more
 /  Art, Entertainment, & Sports Law, Intellectual Property, Science, Computers, & Technology

Framing It Another Way: Tweets, Copyright and the De Minimis Doctrine

When it comes to finding ways of making money, no corner of a capitalistic society shall go unmined. This applies to obvious goods and services but also comes into play with our very thoughts and how we express them. In the age…more
 /  Intellectual Property, Science, Computers, & Technology

Taking It Personally: One Lawsuit Tries to Hold Individuals Accountable for the Equifax Data Breach

As we discussed recently, the Equifax data breach has inevitably brought a great deal of scrutiny and legal action against the credit reporting agency. Amidst the numerous brewing class actions and other reactions from…more
 /  Privacy, Science, Computers, & Technology

When Ripples Become Waves: The Equifax Cybersecurity Incident

Since September 7, 2017, Equifax, one of three credit rating agencies in the United States, has been dealing with the fallout from one of the largest (known) data breaches of personal information, putting 143 million Americans…more
 /  Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

Disclose or Else: FTC Steps Up Prosecution of Social Media Influencers

Last week, the FTC brought its first action against a social media influencer for failing to make appropriate disclosures on sponsored posts. While it had previously prosecuted companies who pay influencers for posts such as…more
 /  Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law

The Internet Stole My Face: New Advances in Technology Could Make Everyone a Digital Video Puppet

“Believe nothing you hear, and only one half that you see.” Edgar Alan Poe wrote those words over a century ago, yet if he were alive today he may opt for the darker: “Believe nothing you hear and nothing you see.” Over the past…more
 /  Art, Entertainment, & Sports Law, Intellectual Property, Science, Computers, & Technology

The Doxing Dilemma: A Popular Tactic of Social Activists and Cyber Bullies Alike Remains Mostly Legal

After counter-protests ended in tragedy, a small group of social media users took to Twitter to expose the identities of the white supremacists and neo-Nazis rallying in Charlottesville, Va. Since last Sunday, the…more
 /  Privacy, Science, Computers, & Technology

Fake and Consequences: Weathering the Reputational Risks and Financial Fallout of “News” that Abuses

In today’s political climate, the phrase “fake news” gets bandied about quite a bit. In addition to its more traditional meaning—news that is false, purposefully misrepresented or outright propaganda—fake news is also sometimes…more
 /  Communications & Media Law, Elections & Politics

Stumbling “Blocks”: When Is Social Media Moderation a First Amendment Violation?

As we previously discussed in our post “The ‘Commander-in-Tweet’ and the First Amendment,” the POTUS was criticized by the Knight First Amendment Institute for blocking certain Twitter users from his @realDonaldTrump account…more
 /  Communications & Media Law, Constitutional Law

Keeping Up with Cayla: Concerns over Interactive Toys Spur an FTC Update of COPPA Guidelines

“Pleeeease?!” Buying a quick gift or giving in to your child’s pleas for a new toy is quickly becoming a more serious decision. In the age where toys can happily entertain kids by talking to them, the few precious moments those…more
 /  Antitrust & Trade Regulation, Privacy, Science, Computers, & Technology

But Is It Okay to Google His Name? T-Pain Not Guilty of Genericide

“Baby it’s okay, you can Google my name.” This line from T-Pain’s hit, “Bottlez,” became a focus in a recent Ninth Circuit trademark case on my favorite intellectual property issue: genericide. Among other evidence, the court…more
 /  Intellectual Property, Science, Computers, & Technology

The “Commander-in-Tweet” and the First Amendment

Can you violate the First Amendment by blocking people from your Twitter account? According to the Knight First Amendment Institute, it’s possible if that account is @realDonaldTrump. As we have mentioned before, Donald…more
 /  Communications & Media Law, Constitutional Law

I, TweetBot: Are Fake Users Social Media’s Dirty Little Secret?

President Donald Trump loves to tweet. Although he has been a prolific tweeter since his days as a reality TV star, during his presidential campaign and subsequent time in office, President Trump has taken the “Art of the Tweet”…more
 /  Communications & Media Law

“Tantrums” Aside, the Law Leans Toward the Employee in Issues of Social Media and Free Speech

Whether or not your friends and family get a kick out of your misery at work, that online post of yours might tick off your employer. But what rights do employers have to restrain their employees from complaining about them…more
 /  Labor & Employment Law

Executive Order 13800 – Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure

President Donald J. Trump signed Executive Order 13800 titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” on May 11, 2017, his thirty-fifth executive order since taking office. Before…more
 /  Elections & Politics, Privacy, Science, Computers, & Technology
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