Seth Graham

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Over the past two years, Socially Aware has revisited Facebook’s Promotions Guidelines from time to time — even as recently as August 2011 — to help keep our readers up-to-date on how popular social media platforms seek to regulate contests, sweepstakes and other promotions. Online promotions are as popular as ever, and given that two-thirds of American adults now use some type of social media platform, we decided to take a broader, comparative look…
Suits by so-called “copyright trolls” are of keen interest to operators of social media sites, given that user-generated content, or, as some call it, “user-uploaded content,” is a cornerstone of the social media experience. In the April 2011 issue of Socially Aware, we reported on a recent string of lawsuits filed by Righthaven, a company in the business of acquiring third-party copyrights for the purposes of identifying and bringing suit against possible infringers.…
The Superior Court of New Jersey recently revisited the enforceability of online contracts and the importance of how terms and conditions are displayed on websites, in Hoffman v. Supplements Togo Management LLC, et al. In so doing, the court addressed a line of cases reaching back to the Second Circuit’s 2002 landmark decision in Specht v. Netscape, where Circuit Judge (now Justice) Sotomayor wrote that, unless a reasonably prudent Internet user would have learned…