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Internet & Social Media Law Blog

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The Department of Commerce Wants to Get a Handle on the Internet of Things

It’s apparent by now that along with an expected economic impact of billions or even trillions of dollars, the Internet of Things (IoT) also brings with it a host of security, health and policy concerns. (See our earlier post on managing the cybersecurity risks of the medical IoT for just…

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Rehearing Denial Leaves ITC’s Jurisdiction Tethered to the Material World

Last week, the en banc Federal Circuit declined to rehear its November 10, 2015, decision in ClearCorrect v. ITC, 2014-1527, leaving the U.S. International Trade Commission’s (ITC) Section 337 jurisdiction to “material things” that infringe U.S. intellectual property rights. This denial and the 2015 Federal Circuit decision have wide implications…

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Google and Oracle Agree to Ban Internet Research on Jurors … this Time Around

In a March 25, 2016 Order, Judge William Alsup of the Northern District of California gave Google and Oracle the choice between agreeing to a ban on conducting Internet and social media research on jurors until the trial is concluded or agreeing to disclose details as to the scope of…

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The Dancing Baby Returns: Computer Algorithms, Good Faith and Fair Use

In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in which the appeals court held that under the Digital Millennium Copyright…

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The FTC Act and the Importance of Staying Transparent

We’ve written previously on the rise in FTC scrutiny and enforcement regarding the use by companies of paid digital influencers without the proper disclosures. Recently, retailer Lord & Taylor found itself in the FTC’s crosshairs when it employed bloggers and Nylon magazine as part of a very successful campaign to…

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Rolls-Royce & the Rapper: Social Media Activity Helps Decide a Trademark Tussle

We recently wrote about a musician who got into some trouble with a court by using social media to flaunt images of hundred dollar bills after he had filed for bankruptcy. Now, an Atlanta-based rapper known as Rolls Royce Rizzy has been found to offend trademark laws through his use…

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Google Searches & Jury Selection: What Role Should Social Media Have in Voir Dire?

We have written previously about the role of traditional discovery roles in “newer” platforms, and how social media content can be discoverable and used in litigation. What about using information from social media in jury selection? U.S. District Court Judge William Alsup says no. In the copyright fight between Oracle…

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News of Note for the Internet-Minded – 3/18/16

Intel and Sony give us an idea of the future of virtual reality; Google goes shopping in the cloud; the FBI warns consumers about car hacking; the Internet of Thing’s language problem; and more … Sony’s Shuhei Yoshida speaks on the future of virtual reality at his company. (Andrew Webster…

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Beyond T-Shirts and Billboards: Contractor Advertising and Social Media

For businesses offering services requiring a contractor’s license in multiple states, the rules governing traditional contractor advertising can be complex enough in their own right. But when you add social media to the mix? Well, then knowing where to look and what rules to follow can become even more of…