THE $1 BILLION RANSOMWARE INDUSTRY: Legal obligations of victims

Kidnapping a person and demanding a ransom for the victim’s release is old school. Now the perpetrators can hack your network and either encrypt your data, lock screens or disable the network and demand a ransom for receiving an [...]

USE OF INFLUENCERS AND DECEPTIVE ADVERTISING: The FTC takes notice of Instagram

Last week the Federal Trade Commission (FTC) sent more than 90 letters to advertisers and influencers using Instagram reminding them of their obligations to disclose brand relationships in social media posts, in particular on [...]

THE HAZARDS OF DATA SCRAPING: $60m judgment for Craigslist

On April 13th, in the northern district court of California, Craigslist was awarded $60 million in a data scraping case against real estate listing site Radpad (Craigslist, Inc. v. RadPad, Inc., No. 16-01856 (N.D. Cal. Apr. 13, [...]

GOOGLE PLAY STORE DEVELOPER? Comply with new privacy rules or risk getting purged

Beginning in February, Google has been sending notices to app developers that Google intends to limit the visibility of (i.e., remove) Google Play Store apps that do not conform with Google’s current User Data policies. An app [...]

SOURCE CODE ESCROW FOR SAAS – FRIEND OR FOE?

Source code escrows have always been a bit of a strange beast. Though, the idea is simple enough: if there is a vendor meltdown for mission critical software, then the licensee gets a delivery of the source code in order to [...]

ANHEUSER-BUSCH STUMBLES OVER USER-GENERATED CONTENT

Much of the Internet is filled with user-generated content. In order to use that content, companies need to receive sufficient rights from the owner of that content. In that regard, based on a recent complaint, Anheuser-Busch may [...]

A WEAPONIZED TWEET FOLLOWED BY AN ARREST

What is the power of a tweet? As we see from President Trump’s use of Twitter, a short tweet can rock the world. Well, now, a man has been arrested last Friday, March 17th, in Maryland and charged with a crime arising from [...]

WHAT TYPES OF LAWYERS SHOULD TECHNOLOGY COMPANIES BE USING?

I frequently get asked about what types of lawyers technology companies should be using, and to make referral recommendations when appropriate. Well, as you would expect from a lawyer, the answer is “it depends.” It depends upon [...]

ALERT: Websites must complete the online Copyright Agent registration process by the end of 2017, or lose immunity from copyright infringement claims from user-generated content

Quick Summary:

In short, if you have in the past registered a Copyright Agent manually with the U.S. Copyright Office in order to qualify for immunity from claims of copyright infringement arising from user-generated content on [...]

WHO OWNS CUSTOMER FEEDBACK? – Proper use of customer feedback clauses

In our customer-driven economy, the value of feedback from customers cannot be overstated. Consider alone the sums expended on conducting focus groups, surveys, beta and free launches - all for the purpose of gathering input from [...]