Posts filtered by tags: Evan Brown[x]


 

Former employee committed vandalism by deleting company’s YouTube videos

Of all the things that can go wrong when deleting your former employer’s YouTube videos, being liable for vandalism may not be the first thing that comes to mind. But it happened to the former employee of an Ohio company. Defendant worked for plaintiff as vice president of sales and left the company in 2017. During that time plaintiff authorized defendant to access the company’s two YouTube channels and to upload content. Two years after defendant left, however, all the videos on both ...
Tags: Law, Youtube, Chicago, Ohio, Vandalism, Evan Brown, Breach Of Contract, Computer Crime, Kaivac Inc, Stillwagon


How Section 230 might not help Amazon in the Parler lawsuit

Parler sued Amazon [PDF of complaint] yesterday alleging three things: antitrust violations, breach of contract and tortious interference. Each of these claims relates to Amazon’s decision to kick Parler off of AWS servers. To use Section 230’s language, Amazon took action to “restrict access to or availability of material.” That language comes from Section 230(c)(2), which reads more fully as: No provider . . . of an interactive computer service shall be held liable on account of . . . any acti...
Tags: Amazon, Law, Chicago, Computer Fraud and Abuse Act, Ninth Circuit, Said, CFAA, Evan Brown, Section 230, Parler, Malwarebytes Inc, Computer Crime, Enigma Software Group USA LLC


Is it defamation to accuse someone of sending a bogus DMCA takedown notice?

Esports aren’t only about 21st century video games. Apparently there is a relatively robust community of Tecmo Bowl enthusiasts who – though the game is three decades old – gets together to compete in tournaments. A couple of members of that community got into it with one another online, and the spat spawned some fierce litigation. That scuffle raised the question of whether accusing someone of sending a bogus DMCA takedown notice is defamatory. The online scuffle Plaintiff was up...
Tags: Facebook, Texas, Law, Copyright, Chicago, Dmca, Esports, Defamation, Perjury, Hawkins, Tecmo, Evan Brown, Knobbe, Court of Appeals of Texas


How do you identify an anonymous hacker?

An unknown person allegedly hacked plaintiff’s information systems and temporarily rendered plaintiff’s email system inoperable. Not knowing who to sue, plaintiff sued a number of “John Doe” defendants under the Computer Fraud and Abuse Act and the Stored Communications Act. It was yet to identify the anonymous hacker. But that was as far as plaintiff could go without the court’s help. Since plaintiff did not know the real names of the defendants, it could not serve the complaint on the...
Tags: Law, Chicago, John Doe, Spaaace, Evan Brown


Can you violate the CFAA by deleting data on your own computer?

The Computer Fraud and Abuse Act (CFAA) has a provision that makes it unlawful to “knowingly cause the transmission of a program, information, code, or command, and as a result of such conduct, intentionally cause damage without authorization, to a protected computer.” Can a person violate that provision of the CFAA by deleting data on his or her own computer? A recent federal case answered that question. Plaintiff sued its former chief technology officer under the CFAA after it learned ...
Tags: Law, Chicago, Computer Fraud and Abuse Act, CFAA, Evan Brown, Cabral, Brekka, Citrin, Computer Crime, Airport Ctrs LLC, LVRC Holdings LLC, New Touch Digital Inc


Why get a copyright registration?

A work of authorship is protected by copyright at the moment it is created. If you take a photo or write some software or draft some text, copyright law protects that work the moment it becomes fixed in a tangible medium of expression for more than a transitory duration. You do not need a copyright registration to own a copyright. It exists automatically. But there are certain benefits conferred by getting a copyright registration. Copyright registration allows the holder to sue for infrin...
Tags: Law, Chicago, Evan Brown


Why parties should enter into nondisclosure agreements

Nondisclosure agreements (or NDAs) are important contracts. There are a number of reasons why parties may want to enter into them. The first reason is probably the most obvious reason. Parties have proprietary or sensitive information that they don’t want to become publicly known, or known to a competitor. So they enter into nondisclosure agreements to put restrictions on how the parties use or disclose confidential information The agreement contains provisions that give remedies such as in...
Tags: Law, Chicago, Evan Brown


Section 230 immunity protected Twitter from claims it aided and abetted defamation

Twitter enjoyed Section 230 immunity for aiding and abetting defamation because plaintiffs’ claims on that point did not transform Twitter into a party that created or developed content. An anonymous Twitter user posted some tweets that plaintiffs thought were defamatory. So plaintiffs sued Twitter for defamation after Twitter refused to take the tweets down. Twitter moved to dismiss the lawsuit. It argued that the Communications Decency Act (CDA) at 47 U.S.C. §230 barred the claim. The...
Tags: Twitter, Law, Chicago, Twitter Inc, Second Circuit, Plaintiffs, CDA, Evan Brown, La Liberte, Brikman, CDA Plaintiffs


How Portland has not demonstrated long-term commitment to a ban on facial recognition technologies

Portland, Oregon yesterday passed a ban on facial recognition technology. Officials cited two primary reasons for the ban. First, current facial recognition technologies less accurately identify people who are not young, white and/or male. Second, everyone should have some sense of anonymity and privacy when in public places. Should the facial recognition ban focus on disparate impact? Do Portland’s efforts to “improve people’s lives, with a specific focus on communities of color an...
Tags: Law, Chicago, Portland, Portland Oregon, Evan Brown


What are the legal issues around web scraping?

Web scraping is that activity where a party uses automated software to crawl the internet and copy data and other content, usually so that it can compile that together and make its own product offering. This may be of concern to you because you are a company that does web scraping. Or you may be a web publisher and there are other parties that are scraping your content. Let’s examine some of the legal issues around web scraping. Breach of contract One of the questions that commonly aris...
Tags: Law, Data, Copyright, Chicago, Evan Brown, Scraping


YouTube creator’s misrepresentation case over DMCA takedown notices lacked certain key evidence

Plaintiff ran a YouTube channel. Defendant sent takedown notices under the Digital Millennium Copyright Act (DMCA) to YouTube alleging that plaintiff infringed defendant’s copyright. Plaintiff sued defendant under 17 U.S.C. §512(f), which provides for recovery when a person sends a DMCA takedown notice based on “knowingly materially misrepresented” facts. The district court granted defendant’s summary judgment motion. Plaintiff sought review with the Eleventh Circuit. On appeal, the court af...
Tags: Law, Youtube, Chicago, Dmca, Johnson, Evan, Ninth Circuit, Universal Music Corp, Lenz, Evan Brown, Eleventh Circuit On, New Destiny Christian Center Church Inc


Work Made For Hire – Part 3

In a couple of recent blog posts we have covered work made for hire generally and have looked at how it is defined. Let’s focus in this post on a key provision that should be in most independent contractor agreements because of the work made for hire doctrine. The work made for hire framework Remember that an employee will own the copyright in what an employee creates within the scope of his or her employment even without a written contract saying that. And with an independent contractor...
Tags: Law, Chicago, Evan Brown


Is a website liable for leaving up content that violates its terms of service?

In a recent post, we discussed how Section 230 protected a website from liability for trade libel. The court held that third parties, and not the website itself, provided the offending posts. If the court had believed the posts were written by the site itself (or one of its agents) that may have turned the site into an information content provider and thus outside Section 230’s protections. Terms of service violation? This case – East Coast Test Prep LLC v. Allnurses.com, Inc. – had...
Tags: Law, Chicago, Evan, Evan Brown, East Coast Test Prep LLC, Allnurses com Inc


Work made for hire – Part 2

[Looking for Part 1 of this three-part series? Go here.] In this second part of a three-part series on work made for hire, we will explore what makes a work made for hire and then will look at the practical consequences of this doctrine. What makes a work a work made for hire? To determine what makes a work made for hire, we have to look at the Copyright Act (at 17 U.S.C. §101). The Copyright Act provides two different categories of work made for hire. The first category is comprised ...
Tags: Law, Chicago, Evan Brown


Work made for hire – Part 1

Work made for hire is an important concept for almost all employers employees, but people often misuse the term, or use it in a way that does not capture all of its nuance. We’ll take a look at this doctrine in three parts. Here are a few things to know as an introduction. Work made for hire is a copyright concept Work made for hire is a copyright issue. The Copyright Act defines work made for hire at 17 USC §101. The key question relates to who owns a particular creative work, whether t...
Tags: Law, Chicago, Usc, Evan Brown


Is merely making files available on the internet a “distribution” under the Copyright Act?

Suppose an online provider allows third parties to upload digital files (which, in this context, would be “phonorecords” for copyright purposes). If no one else obtains one of those files, whether by streaming or download, has there been a distribution? In other words, is merely making available a copyrighted work an exercise of the right to distribute under the Copyright Act? The recent case of SA Music v. Amazon addresses this question. The court said no. The Copyright Act lists the ...
Tags: Amazon, Law, Amazon com Inc, Amazon Amazon, Evan Brown, SA Music, Amazon Plaintiffs, SA Music LLC


Section 230 did not protect online car sharing platform

Plaintiff Turo operates an online and mobile peer-to-peer car sharing marketplace. It allows car owners to rent their cars to other Turo users. It filed a declaratory judgment action against the City of Los Angeles, asking the court to determine the service was not being run in violation of applicable law. The city filed counterclaims against Turo alleging (1) violation of local airport commerce regulations; (2) trespass; (3) aiding and abetting trespass; (4) unjust enrichment; and (5...
Tags: Law, California, Los Angeles, Santa Monica, Evan, Facebook Inc, Immunity, Evan Brown, Turo, Section 230, City of Los, Citing to Force, HomeAway com Inc


Trademark license: 3 key ideas

A trademark license is important. Let’s say that your company is going to enter into an arrangement whereby it is going to manufacture and sell another company’s products, or your company is going to integrate another company’s services into its own offering. These could take the form of reseller agreements or distribution agreements.  A critical piece of that arrangement is a trademark license. Here are three key things to keep in mind when entering into a trademark license.  ...
Tags: Law, Chicago, Evan, Evan Brown


Smartphone user gave consent by website registration to receive texts

Plaintiff sued defendant alleging defendant sent unsolicited text messages that violated the Telephone Consumer Protection Act (TCPA). Defendant moved for summary judgment. The court granted the motion. It found that plaintiff expressly gave consent by website registration to receive the text messages when she signed up for defendant’s services. This was a significant win for defendant because the TCPA provides for stiff penalties.  Consent by website registration Plaintiff used her...
Tags: Law, Oregon, Uncategorized, TCPA, Evan Brown, Browsewrap, Lundbom, Schwans Home Service Inc


Independent contractor agreements: common mistakes to avoid

A lot of companies bring on independent contractors to develop content. They may be photographers, designers, writers, consultants, etc. who sign independent contractor agreements. Here are three common mistakes that you should not make if you are hiring an independent contractor. Intellectual property ownership mistakes in independent contractor agreements The first common mistake is to leave out language that ensures you as the hiring party own the intellectual property in ...
Tags: Law, Youtube, Chicago, Evan Brown, Instagram Subscribe


Working without a signed contract – a good idea for vendors?

As a technology vendor, you may be eager to get that new customer relationship started. Don’t let that tempt you to get underway without taking care of the details first. Technology vendors should avoid working without a signed contract. Here are three reasons why. Working without a signed contract makes it harder to deal with overly-needy customers. Working without a signed contract makes it hard to deal with overly-needy customers. Say you have entered into an arrangement where you are...
Tags: Instagram, Law, Youtube, Linkedin, Chicago, Don, Evan Brown, Kansas Straightline HDD Inc, Smart E Solutions Inc, App Kansas


Influencer agreements: what needs to be in them

If you are a social media influencer, or are a brand looking to engage an influencer, you may need to enter into an influencer agreement. Here are five key things that should be in the contract between the influencer and the brand:  Obligations Payment Content ownership Publicity rights Endorsement guidelines compliance  Obligations under the influencer agreement. The main thing that a brand wants from an influencer is for the influencer to say certain things about the brand’s product...
Tags: Law, Evan Brown


Browns sign center Evan Brown

The Browns added some offensive line depth Thursday. In addition to the previously reported signing of defensive tackle Andrew Billings, the Browns announced the addition of center Evan Brown. Brown was with the Giants and Dolphins last sea
Tags: News, Dolphins, Giants, Browns, Andrew Billings, Evan Brown, Evan Brown Brown


Pregame Notes: Week 15 | Dolphins vs. Giants

Isaiah Ford, Mack Hollins and Trevor Davis, who is set to make his Dolphins debut. * Along with Davis, other players set to make their Dolphins debut against the Giants are guard/center Evan Brown, defensive back Linden Stephens, defensive
Tags: News, Dolphins, Davis, Giants, Linden Stephens, Evan Brown, Trevor Davis, Isaiah Ford Mack Hollins


Does a plaintiff claiming unlawful removal of copyright management information have to own a registered copyright?

Plaintiff sued defendants for violation of the provisions of the Digital Millennium Copyright Act (“DMCA”) that prohibit one from intentionally removing or altering any copyright management information (“CMI”) with the knowledge, or having reasonable grounds to know, that it will induce, enable, facilitate, or conceal a copyright infringement (17 U.S.C. § 1202(b)). Defendants moved to dismiss, asserting that the court should reject plaintiff’s DMCA cause of action for failure to state ...
Tags: Supreme Court, Law, Copyright, Chicago, United States, Dmca, Cmi, Evan, Fourth Estate, Evan Brown, Copyright Management Information, Diamondback Industries Inv


Employee’s unauthorized conduct was not a DMCA prohibited circumvention

Plaintiff sued its former employee and alleged, among other things, that defendant violated the anticircumvention provisions of the Digital Millennium Copyright Act  (17 USC 1201). While defendant was still an employee, she used her username and password to access and download copyrighted material stored on plaintiff’s server after she had already accepted an employment offer from a competitor. Defendant moved to dismiss the anticircumvention claim. The court granted the motion to dism...
Tags: Law, Copyright, Chicago, Dmca, Usc, Evan, Evan Brown, Anticircumvention, SEARCH Inc, Egilman, Keller Heckman LLP, R Christopher Goodwin Assoc Inc


Cost of domain name was relevant in establishing secondary meaning of trademark

In a trademark dispute between two companies in the real estate space, the court was called upon – at the summary judgment stage – to determine if there was a triable issue as to whether plaintiff’s STOCKDALE mark was not merely descriptive but instead had acquired distinctiveness. Defendants had argued that plaintiff’s case failed because plaintiff did not have a protectable mark. Plaintiff countered that its STOCKDALE mark, which it had used for 30 years and which the court found was ...
Tags: Law, Chicago, Trademark, Trademarks, Krusty Krab, Evan, Stockdale, Evan Brown, Acquired Distinctiveness, Descriptive, IJR Capital Investments LLC, Primarily Merely A Surname, Viacom Int l, Stockdale Investment Group Inc, Stockdale Capital Partners LLC


Browsewrap enforceable: hyperlinked terms on defendant’s website gave reasonable notice

Plaintiff was bound by forum selection clause found in online terms and conditions.  Plaintiff sued TripAdvisor and some related defendants (including Viator, a company that TripAdvisor acquired) for a number of torts arising from an ATV accident that plaintiff had while on a tour in Mexico that she had booked online through defendants’ website. Defendants moved to dismiss, or in the alternative, to transfer the matter to federal court in Massachusetts based on the forum selection clause...
Tags: Law, Mexico, Massachusetts, Chicago, Tripadvisor, Contracts, Viator, Boston Massachusetts, Evan, ATV, Caldwell, Boston Massachusetts USA, Netscape, Massachusetts USA, Specht, Evan Brown


Parked domain names were in “use in commerce” for purposes of Section 43(a) claim

Plaintiff, the owner of a college student housing facility, filed suit for unfair competition under Section 43(a) of the Lanham Act against a number of entities and individuals that operated a competing student housing facility. Defendants registered eight domain names that incorporated plaintiff’s trademarks. At first defendants used some of the domain names to redirect traffic to the website for defendants’ competing student housing facility. But after plaintiff demanded defendants cease and d...
Tags: Law, Alabama, Godaddy, Chicago, Evan, LLC, Evan Brown, Cybersquatting, ILM Capital LLC


Intellectual property exception to CDA 230 immunity did not apply in case against Google

Plaintiff sued Google for false advertising and violations of New Jersey’s Consumer Fraud Act over Google’s provision of Adwords services for other defendants’ website, which plaintiff claimed sold counterfeit versions of plaintiff’s products. Google moved to dismiss these two claims and the court granted the motion.  On the false advertising issue, the court held that plaintiff had failed to allege the critical element that Google was the party that made the alleged misrepresentations ...
Tags: Google, Law, Advertising, Chicago, Evan, CDA, Evan Brown, Section 230, Unfair Competition, Fraud/Misrepresentation, InvenTel Products LLC