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IP & Technology Law Trends

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Ninth Circuit Confirms Embedding Remains Fair Use
Every second of every day, social media and internet users repost or link to copyrighted content from other websites, or other posts. It may seem strange to even think about whether such use might be found to be other than fair. But viewed from the...
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Oregon Joins the Comprehensive State Privacy Law Elite 11
Update: In the 2024 legislative session, a fix was made to change “employees of the Attorney General” to “persons employed by the Attorney General.” See SB 1576. For the latest on the OCPA, read: “Countdown to Compliance: Preparing for the Oregon Con...
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What Lies Ahead for Jack Daniel’s and for the Rogers Test?
To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called “Bad Spaniels”, parodyin...
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The FTC Is INFORMing Businesses That It Plans to Enforce This E-commerce Act
You may have missed it, but the Federal Trade Commission (FTC) hasn’t. On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Consumers Act) is live and enforceable. The FTC has been pu...
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Generative AI—Competitive Tool or a Tool of Your Own Demise?
Most people recognize that generative AI, the use of artificial intelligence to generate content, represents an incredible tool. It allows companies and individuals the ability to automate certain processes, use a powerful computing tool to perform t...
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This Is Not a Test: The Significant Impacts of the Ireland Data Protection Commission’s Meta Decision
It shouldn’t come as a surprise that the European Data Protection Board (EDPB), through Ireland’s Data Protection Commission (DPC), issued another fine against a large US technology company. What may come as a surprise is the scope of the Meta (fka F...
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