Cybersecurity Risk Tops CEO Concerns
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The importance of making online and mobile app terms clear and conspicuous to users was reinforced by the recent federal appeals court decision in Cullinane v. Uber Technologies, Inc. The plaintiffs filed a proposed class action in Massachusetts state court alleging that Uber had violated a consumer protection law by inflating its fees around Logan International Airport. Uber removed the case to federal court, then filed a motion to compel arbitration based on a clause in its terms of service. The trial court granted Uber’s motion and dismissed the case and the plaintiffs appealed to the First Circuit.More
Wells Fargo Bank has recently announced that its customers will no longer be able to make purchases of cryptocurrency using their bank-issued credit cards. This move is consistent with the stated practice of several other major U.S. banks including J.P. Morgan Chase, Citigroup and Bank of America as well as foreign banks including Canadian-based Toronto-Dominion Bank and the United Kingdom’s Lloyds Banking Group. Earlier this year, Mastercard and Visa reclassified cryptocurrency purchases as cash advances rather than a standard purchase.More
Tech start up Elefante Group, Inc., in partnership with Lockheed Martin Corporation, has filed a petition for rulemaking with the Federal Communications Commission (FCC) regarding a design for a platform of atmospheric-based service to deliver high capacity, fast communications services. This “network-in-the-sky” would be powered by solar energy and some fuel cells. It would be capable of providing coverage to more than 9,000 square miles for six to nine months at a time.More
“Phishing” occurs through a fake email message to obtain sensitive information for the purpose of committing fraud. Phishing schemes are becoming more sophisticated, resulting in many organizations falling victim and incurring financial loss. Some organizations have filed claims with their cyber insurance carriers. Lawsuits have followed after insurance companies have denied coverage.More
As of June 1, 2018, Alabama has become the 50thstate to enforce a data breach notification law to protect the personally identifiable information of its residents. More
Disney recently suffered a potentially devastating setback in its legal effort to stop Redbox from selling digital codes to Disney films. A federal court in California denied Disney’s request for a preliminary injunction against Redbox, citing that Disney has engaged in copyright misuse, an affirmative defense to Disney’s contributory copyright infringement.
The court pointed out that there is no dispute that Disney’s copyrights do not give it the ability to prevent consumers from selling or transferring DVDs or Blu-ray discs within a Combo Pack. The court pointed to the fact that Disney’s digital HD terms and conditions require users to represent that they are currently “the owner of the physical product that accompanied the digital code at the time of purchase.”
Read more in Kathy Ossian’s recent article “Disney denied preliminary injunction against Redbox based on “copyright misuse” published in Leading Internet Case Law, April 2018 available here. Contact us at Ossian Law regarding any information technology law question.
© 2018 Ossian Law P.C.
Augmented reality (AR) and virtual reality (VR) technology is becoming more commonplace in both our business and personal lives. Business uses of AR/VR include product design, employee training, marketing and customer service.
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Source: Ossian Law, P.C.