ADVERTISING
McDonald’s Fights Back in Ad Dispute
July 19, 2012
McDonald’s Corp and Arnold Worldwide LLC, a Boston ad agency, are fighting back in a recent case filed in the US District Court for the District of Massachusetts. The suit, filed by Daniel T. Calden, alleges that the fast food company made a parody of a song that he had submitted as part of the “Big Mac Chant” contest launched by McDonald’s Corp on Myspace.com in 2008.
Limitations Do Apply: Credit Card Company Must Disclose Material Terms
July 12, 2012
The National Advertising Division (NAD) in a case involving cashback rewards for credit card holders recently reaffirmed that advertisers must disclose any material limitations on a claim within the advertising itself even if consumers are provided with material or clarifying information at a later time.
DATA SECURITY & PRIVACY
Facebook Signs on to California AGs Apps Privacy Policy Initiative
August 1, 2012
Facebook, Inc., operator of Facebook.com, recently became the latest large website operator to sign on to California’s agreement with major mobile application companies requiring mobile privacy policy notices for apps. Facebook’s act of signing on to the agreement extended the reach of the agreement into social networking.
New York State Proposes Ban on Anonymous Blogging
July 24, 2012
The New York legislature is currently considering two bills that would permit users to identify “anonymous” posters online. Specifically, under the identical bills (S. 6779 and A. 8688), web administrators would be required to, upon request, “remove any comments posted on his or her website by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post and confirms that his or her IP address, legal name, and home address are accurate.” The bills apply to “social networks, blogs, forums, message boards, or any other discussion site where people can hold conversations in the form of posted messages.” Therefore, under the bills, individuals posting messages across the Internet could either be identified or their posts would not be permitted to remain online if someone asks for the posts to be removed.
Vermont Revises Security Breach Legislation
July 20, 2012
The state of Vermont recently amended its security breach legislation. Most notably, the updated legislation now has a revised definition of a security breach and requires a rapid notification to consumers and the Vermont attorney general after discovery of a breach.
ENTERTAINMENT
Alleged Copyright Pirate Megaupload Cites Lack of Jurisdiction in "Incredible" Attempt to Dismiss Federal Charges
July 31, 2012
A major ruling looms in the high-profile copyright piracy case against Megaupload Limited, the Internet file-hosting empire whose websites were shutdown and whose domain names were seized by the US Department of Justice in January following the indictment and arrest of the company’s owners in connection with their alleged operation of an organization dedicated to copyright infringement. Attorneys for the Hong Kong-based company, whose file-hosting services at one time claimed 180 million users and allegedly generated hundreds of millions of dollars by encouraging users to post movies, music, and other copyrighted material that the company knew was stolen, have filed a motion to dismiss the government’s charges, arguing that a foreign corporation that lacks a US office is not subject to jurisdiction within the United States.
Aereo Allowed to Transmit Live Broadcasts – Court Denies Motion for Preliminary Injunction
July 27, 2012
In March 2012, a number of networks including Fox Television Stations, Inc., Univision Television Group and American Broadcasting Companies Inc., sued Aereo Inc. (Aereo), a company that provides access to live television broadcasts for display on computers and mobile devices, for copyright infringement in the US District Court for the Southern District of New York. The networks also filed a motion for preliminary injunction asserting that Aereo was directly liable for copyright infringement by publicly performing Plaintiffs’ copyrighted works. The court recently dismissed the networks’ motion on the ground that Aereo’s services fell within the scope of the Copyright Act.
Can You Hear Me Now? Federal Judge Drops iPhone Signal Strength Suit
July 10, 2012
A federal court in California has dismissed a putative class action filed against Apple Inc., in which the plaintiff asserted a variety of state and federal contract, fraud, and related claims against the technology giant in connection with its sale of iPhones with defective reception meters prior to a software upgrade Apple offered in July 2010. Donohue v. Apple Inc., No. 5:11-cv-05447-RMW (N.D. Cal. May 10, 2012). In granting Apple’s motion to dismiss, the judge held that Apple’s iPhone user guide was merely an “instructional manual” and therefore did not create binding contractual obligations. It also ruled that the mere display of an apparently functioning iPhone at an Apple retail store—without more—cannot give rise to liability for fraud or breach of contract.
