In Stover v. Experian Holdings, the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online contract containing a change-of-terms provision—is not enough to bind her to an arbitration provision that she wasn’t aware of and that appeared in a later version of the contract.
The panel held “a mere website visit after…
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The Federal Circuitry blog takes a data-driven look at the Federal Circuit; and
The Left Coast Appeals blog offers an empirical window into the Ninth Circuit’s workings, monitors the Ninth Circuit’s busy en banc proceedings, and highlights key recent Ninth Circuit decisions.
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Experts anticipate that the incoming Biden administration will be tough on tech. What does that mean for the future of §230 of the Communications Decency Act? The antitrust suit against Google? This NPR piece makes some predictions.
Human rights activists are outraged over a proposed law in France that would makes it illegal to publish images of police officers with intent to cause them harm. Supporters of the law, which was passed partly in response…
Reports of social media scams that have caused users to lose money had tripled by the end of 2020’s second quarter, resulting in the loss of $117 million during the first two quarters of this year alone. Romance scams and supposed economic relief offers are a large part of the problem, but e-commerce scams are the biggest culprits, with goods advertised on social media never reaching the consumer. The FTC is offering tips to help…
In Ganske v. Mensch, a defamation suit stemming from a “battle by Tweet,” a federal district court in New York held that the allegedly defamatory statements in the defendant’s Tweet were nonactionable statements of opinion and dismissed the case. The case illustrates that courts in such “Twibel” (Twitter + libel) cases may view Tweets and similar statements on social media as informal and “freewheeling” in nature, which reasonable readers would understand to…
A recent ruling in Parziale v. HP, Inc., arising out of the implementation by Hewlett-Packard (“HP”) of a remote firmware update on many models of the company’s printers, highlights the potentially broad application of the Computer Fraud and Abuse Act (“CFAA”). It also serves as a reminder to technology companies that when distributing software and firmware updates, they must be mindful of providing specific advance notice that such updates may impact product or…
In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally accountable to Turkish authorities. Among other things, the law also requires companies to respond within two days to complaints about posts that “violate personal and privacy rights.” Learn what social media companies risk if they don’t…
The USPTO recently released the report “Public Views on Artificial Intelligence and Intellectual Property Policy”. The report is part of the USPTO’s effort to engage with the innovation community and experts on AI and to promote innovation of AI through appropriate intellectual property incentives.
The report includes the analysis of nearly 200 responses received from individuals and organizations to federal notices published in August and October 2019 to solicit public comments on patenting AI…
Thomson Reuters’ The Daily Docket interviewed Cecillia Xie about her popular TikToks, where she mentors followers and helps them navigate law school and legal careers.
“What I want to encourage young attorneys to do is take a step back from the environment of law school and think about what really makes them happy and what practices would make their career rewarding,” Cecillia said.
Read the full article.…
SUMMARY
On June 7, 2019, the highly controversial EU Copyright Directive (“Directive”) came into force, requiring EU Member States to transpose its provisions into national law by June 7, 2021.
To recap, the most relevant provisions of the Directive require the implementation of the following rules into national law:
Online content-sharing service providers’ liability for copyright-infringing content, Article 17
Online content-sharing services are subject to direct liability for copyright-infringing content uploaded by their users if…