Privacy Wars: FTC Reaches $2.2M Settlement with Vizio Over Data Collection

By | Pay or Play | February 17, 2017
The TV manufacturer Vizio agreed to pay $2.2 million to settle a lawsuit brought by the Federal Trade Commission and the State of New Jersey over its data collection practices. Smart TV Copyright: scanrail / 123RF Stock Photo The lawsuit alleged that the company’s internet-connected smart TVs were recording exactly what consumers were watching second by second. View Full Post
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Insurance Coverage for “Advertising Injury” May Still Leave Businesses On the Hook for False Advertising Claims

capsulesMany businesses acquire commercial liability insurance coverage to protect against “advertising injury” resulting from their marketing practices. But while the term “advertising injury” on its face may sound comprehensive, its definition in the insurance policy may be narrower than you think. As a result, some businesses have received a rude awakening after learning: (1) they are being sued for false advertising; and (2) their insurance company is not going to pay for it. View Full Post
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RFU Issues Arscott Decision and Deems Tactical Information to Be “Inside Information”

By | Sports Shorts | February 17, 2017
Confidential Shredded FilesLast month, Sports Shorts considered Tom Arscott’s sacking by the Aviva Premiership Rugby side Sale Sharks.  Not only was this a fairly novel occurrence of a member of a sports team being sacked by their current employer for a breach of confidentiality, it also served to highlight, in a broader employment context, the obligations of confidentiality that an employee owes to their employer. View Full Post
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Flo and Eddie NY Suit On Pre-1972 Sound Recordings Ordered Dismissed by Court of Appeals – No Issues with Copies Made in the Transmission Process

By | Broadcast Law Blog | February 17, 2017
This week, the US Court of Appeals essentially ended Flo and Eddie’s New York case against Sirius XM where it tried to establish a public performance royalty in pre-1972 sound recordings. The Court of Appeals sent the case back to the US District Court with instructions that it be dismissed, finding that a December decision by New York’s state Court of Appeals resolved all issues in the case. View Full Post
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Hyperlinking in Hamburg and Prague: How National Courts Apply GS Media

9251839_Text_images_jpgOn 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision (see our blog post). In essence, this CJEU judgment imposed new verification duties on commercial website owners who embed hyperlinks to third-party content in their web sites. View Full Post
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Second Circuit Gives Belated Valentine’s Day Gift to Music Licensees by Ruling for Sirius XM Regarding Its Use of Pre-72 Sound Recordings

By | CommLawBlog | February 17, 2017
Second Circuit Gives Belated Valentine’s Day Gift to Music Licensees by Ruling for Sirius XM Regarding Its Use of Pre-72 Sound Recordings We previously told you about the Christmas gift that New York’s highest state court had given to licensees that play “oldies” recordings by finding that the owners of those recordings had no right to demand payment when the recordings were publicly performed in New York. That ruling came in one of many lawsuits that Flo & Eddie – a company owned by two members of The Turtles (of “Happy Together” fame) View Full Post
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“Cybersecurity Review” Takes Shape in China

“Cybersecurity Review” Takes Shape in China shutterstock_293627249-300x300On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures (“Draft Measures”) for public comment: the Draft Measures remain open for comments until 4 March 2017.  The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect on 1 June 2017. View Full Post
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ICO Turns Spotlight On Data Broker Industry

ICO Turns Spotlight On Data Broker Industry shutterstock_187697849-150x100Data brokers are organisations that obtain data from a variety of sources and then sell or license it to third parties. Many trade in personal data, which is purchased by their customers for several purposes, most commonly to support marketing campaigns. In 2012, data brokers’ trade in personal data was reported to have generated over $150 billion in revenue. View Full Post
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