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Back in the day when I rushed home after school to play The Sims, I would have never imagined that one day I would actually become a Sim… Of course, it turns out The Sims—and games like it—have always been an early, somewhat limited iteration of what is now popularly referred to as the metaverse. And no matter the world you inhabit, where there are humans, there are efforts to sell things to them. But that raises the question: how different are the rules for advertising in the metaverse going to be? It turns out that whether “uni,” “multi” or “meta,” certain constants apply when it comes to advertising, no matter the ’verse.

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This metaverse-meets-NFTs themed edition of News of Note includes travel, food and shoes, a big box retailer entering the NFT arena, and the purchase of (a film adaptation of) a sci-fi classic.

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Proptech-817442226-300x200The commercial real estate industry is increasingly adopting proptech to unearth savings and business insights. But companies need to be careful. Security and privacy are two foundational components of a successful data analytics initiative. Ensuring the information is stored securely while adhering to the complex framework of privacy laws will be instrumental to a real estate organization’s success with data. Why? If the information is not kept safe or is used contrary to law or the commitments a business has made to consumers, companies will face fines, regulatory investigations and customer ire.

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Women-Voices-in-Finance1080p-300x169In this 30-minute conversation, our colleague Liz Zimmer and State Street’s Nicole Olson will discuss innovation in digital assets and cryptocurrency, the impact of fintech on diversity and women in leadership, and paths toward greater representation and support of women in the fintech community.

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Fingerprints. Retinas. Facial symmetry itself. We frequently address the problems raised as new technology brings new privacy concerns for customers and businesses alike. In “Check Your Policies for Privacy Claim Coverage: New York City’s New Biometrics Law Is Now in Effect,” Sandra Kaczmarczyk examines New York City’s recent statute that imposes two limitations on the use of “biometric identifier information” and why businesses operating in New York City should consider both their potential liability under these new requirements and whether their current insurance program protects them against associated risks.

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Check Your Policies for Privacy Claim Coverage: New York City’s New Biometrics Law Is Now in Effect

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Here at Internet & Social Media Law, we examine new developments and challenges that impact the digital and social media landscape. Over on our Policyholder Pulse insurance law blog, we  provide insight on non-fungible tokens (“NFTs”) and the importance of knowing the available insurance options when dealing with them. As NFTs become more common, whether it’s sports tickets and memorabilia or art work, it’s imperative to know how to protect these digital assets. We discuss further in “Covering the Highlight Reel: The Need for Insurance Options to Protect NFT Owners.”

 

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As the use of biometric information such as fingerprints, iris scans, facial scans, and voice prints becomes more and more common, so, too, have the number of lawsuits brought for the unauthorized use of private information and for the violation of privacy laws—including class action lawsuits. In “The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers,” our colleague Sandra Kaczmarczyk examines an important recent Illinois Supreme Court decision that is “likely to be at the forefront of future coverage litigation as other state courts grapple with the coverage afforded by business insurance policies for privacy claims.”

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In our previous post we discussed the importance of conducting a thorough due diligence and procurement process with smart technology providers. Next up? The contract.

The price of a procured product is always important, but equally important are other contractual terms that reflect the commercial agreement. Ultimately, the contract should answer the fundamental question of “What are you buying?” The product itself is not the only feature being purchased. A customer is also buying certainty, service performance, risk mitigation, flexibility, security, compliance, and other similar “intangible” items of value.

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Close-Up Of Javascript on Computer MonitorEarlier this month, in what many consider the copyright case of the decade, the Supreme Court released its much-anticipated decision in Google v. Oracle. In it, the Court ruled that Google’s copying of 11,500 lines of declaring code from Java SE for use in Google’s Android platform, was fair use. Having recently reviewed the history of the fair use defense in copyright infringement cases, we now turn to the case itself.

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Closeup of different computer scriptLast month, the Supreme Court released its much-anticipated decision in Google v. Oracle. The Court ruled that Google’s copying of 11,500 lines of declaring code from Java SE, for use in Google’s Android platform, was fair use.

While we examine the Supreme Court’s decision in another post, let’s first take a look at the history of the fair use defense in the software industry.

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