Monthly Archives: February 2012

New FTC Rules For Kid’s App Developers

FTC Regulations
Buckle up app developers, The FTC is making moves…again. This time they have their sights set on apps targeted at kids. Last week, the commission announced the results of study analyzing how apps — sold on the Android Market and Apple App Store — disclose data collection information. The FTC wasn’t psyched about their findings and is now looking into enforcement measures for applications that don’t include an easily digestible data and privacy policy. About The FTC Kid’s App Study In the kid’s app study, the FTC looked at about 1000 of the top kid’s apps on both the Apple and Android online stores (500 each). The findings are detailed and can be found here. The gist of the conclusion: in “most instances” kid’s apps didn’t have proper policies and features explaining what data was collected and how it would ...
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Posted in Affiliate Marketing Law, FTC News, Government Regulations, Internet Law, Mobile Law, Online Privacy Law | Tagged , , , , | Leave a comment

Another Porn Downloading Lawsuit

lawyer for bitTorrent lawsuits
This one comes to you from the porn downloading lawsuit files. Ladies and gentlemen, we’ve got another live one. Filed at the end of January, in the Northern District of California, Liuxia Wong has submitted a claim against Hard Drive Productions, Inc. and Does 1-50. Wong is represented by Steven W. Yuen, and the case is worth de-constructing. It Started Like Any Other Porn Downloading Lawsuit… Wong’s porn downloading lawsuit started the same way most do. Liuxia received a settlement letter demanding $3,400, for an act of alleged online copyright infringement that occurred on March 28, 2011. The communication explained that Wong could be liable for up to $150,000 if the issue reached lawsuit stage; it also cautioned that an unsecured wireless router was not a defense. True to their word, Hard Drive filed a copyright complaint with the courts ...
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Fraley v. Facebook: Courts Declared Everyone’s A Celebrity

Federal and State Laws
At the end of 2011, a potentially ground-breaking decision was reached by a Northern District California Court. The case was Fraley, et al. v Facebook. The matter at hand was whether or not Facebook’s “sponsored stories” infringed on various state and federal rights, including “rights of publicity.” The court’s ruling is significant, in that they ruled that Facebook users are “famous to their Friends” – a declaration serious Internet law implications. What Is Right of Publicity Essentially, “right of publicity” regulations forbid entities to use an individual’s name or likeness without said person’s express consent. For example, in the simplest terms, a company selling widgets can’t slap Bill Gates’ picture on an advertisement without getting permission from the Microsoft founder first.  Neither can they put a testimonial from Gates on their marketing material without consent. There are, though, notable exceptions ...
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Facebook Teaming Up With Washington State AG Against Likejackers

Facebook Legal News
At the end of January, 2012 news hit the wires that Facebook was involved in another lawsuit. But this time around, it wasn’t angry consumers or countries suing the technology firm, oh no, this time around, it was Facebook who was doing the suing. In conjunction with Washington State Attorney General, Rob McKenna, in late January 2012, Zuckerberg’s lawyer’s filed claims against Adscend Media. The accusations? Engaging in illegal “likejacking.” What is Likejacking? Like its predecessor, clickjacking, likejacking is the practice of getting someone to click on something ostensibly deceptive, which causes a different action than what the user thinks they’re initiating. Since Facebook has become the social networking mecca, many affiliate marketers use various techniques to market various products on the platform, including “likejacking,” which sometimes helps to augment the number of likes in a short period of time. ...
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The Privacy Tort of False Light Explained By An Internet Lawyer In Plain English

Internet Laws
Believe it or not, The United States Constitution doesn’t mention “privacy” once; but that doesn’t mean invasion of privacy isn’t protected. After all, the fourth amendment guards against unreasonable search and seizures, and the ninth amendment ensures that arguably inalienable rights not explicitly mentioned in the Constitution, are also protected. As such, many states have False Light invasion of privacy laws on the books. As a private citizen, you have a right to protect yourself from unflattering and unwanted publicity. The legal concept is known as “False Light.” And as we collectively continue to travel down this wi-fi, Internet-obsessed road we’re on, expect to see more false light lawsuits hitting the courts. What Is False Light? False light is a privacy tort often confused with defamation. In fact, some jurisdictions think the two are so similar they’re lumped together under ...
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A Pinterest-ing Copyright Infringement Situation

Copyright law in the US
Pinterest, a new-ish social network, like Facebook and Google before them, Pinterest is settling in for, what looks like, a long ride on the copyright infringement controversy train . Long and bumpy though it may be, the ride is sure to be fraught with less-than-positive publicity — but as they say in the business: there’s no such thing as bad publicity. What is Pinterest? Pinterest is sorta like the Internet’s refrigerator door. People can “pin” their pictures, recipes, artwork and homemade homilies for all to see.  Think of it, also, as your own virtual bulletin board where you can “pin” things found online. Say you see a recipe on a recipe website or a picture of a unicorn that you want to save. With the Pinterest pin, which becomes attached to your browser toolbar after signing up, you pin the ...
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It’s Not the Size of the Privacy Policy That Matters, It’s The Language

Internet Law
So, you’ve started an online business and you’re not sure what kind of privacy policy you need. Can it be a free one you find online? Should it be filled with lots of legalese to make it sound more professional? How long does your privacy policy need to be? If these questions have been on your mind, you’re about to find out the answers from Aaron Kelly – an Internet law specialist who has helped hundreds of companies –both big and small – with their online contract needs. Q: Is it fine to just use a free online privacy policy I find on the Internet? A: Sure, it’s fine; but the real question is whether or not it’s smart to do so. If you don’t have a legal background, it’s not advisable to grab any ol’ free contract you find ...
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Online Defamation Does A Number On Lawyer’s Reputation

defamation lawsuits and laws
Shakespeare said it best, “Hell hath no fury like a woman scorned.” And no man knows the truth of those words better than former Norwalk, Connecticut prosecutor Matthew C. Couloute Jr. When several of the young attorney’s former lovers flamed him on the website LiarsCheatersRUs.com, their blast of virtual vitriol became the top search result on Google and landed him several headlines in the New York Post. Couloute’s Background Prior to his online infamy Mattew C. Couloute Jr. enjoyed a legal career that would inspire envy in most. He was the youngest attorney to serve as a prosecutor for the state of Connecticut; he worked for the National Football League; AND he served as a consultant for MSNBC and Court TV. But sadly his ex-girlfriend’s revenge posts are what brought him the most fame — and now an online defamation ...
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ATTN Online Marketers: New FCC Text Message Advertising Laws Will Force A Change In The Way You Do Business

FCC regulations
New Text Message Advertising Laws “Too many telemarketers, aided by auto-dialers and pre-recorded messages, have continued to call consumers who don’t want to hear from them,” began FCC Chairman, Julius Genachowski, upon announcing a new set of FCC marketing regulations set to be enacted this year. That’s right, last Wednesday, February 15, the Federal Communications Commission (FCC) announced a whopper of a telemarketing rule change. The new statues will take affect after publication in the Federal Registrar, which usually takes between two to six months. Every online advertiser should run, not walk, to ensure they’re in compliance with these new text message advertising statutes, as the FCC does not mess around when it comes to initiating investigations. And if they find you guilty, you could be looking down the barrel of a quarter million dollar fine. So what are these ...
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The International Online Defamation Lawsuit of Han Han

Online defamation lawsuit
Last week, international media outlets were abuzz over an online defamation lawsuit involving China’s Mario Andretti/Dave Eggers, Han Han, and the Asian James Randi, Fang Zhouzi. Millions of Millennial-gen Chinese are invested in the details of this online defamation lawsuit — and it’s sure to captivate anyone with even a passing interest in mega-celebrity, conspiracies or vanity lawsuits. You’ve been warned. Tabloid Worthy Online Defamation Lawsuit: Who are Han Han and Fang Zhouzi, You Ask? Meet Han Han Han Han is a blogger/author/race-car driver who recently filed a few online defamation lawsuits against his Internet adversary, Fang Zhouzi, a self-styled Internet “science cop” who’s out to right the oh so scientific wrongs plaguing the planet. Han Han is a big deal in China, a mega, dare we say, meta-celebrity. He’s not just any blogger, he’s the most prolific, most popular blogger in a nation ...
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