Addressing legal issues with the latest technological developments and social media trends.
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DMCAIt is unlikely that when Stephanie Lenz posted a home video of her children dancing to Prince’s “Let’s Go Crazy” on YouTube, she could have anticipated that, nearly a decade later, she would be seeking U.S. Supreme Court review in connection with that video. In Lenz v. Universal Music Corp., Ms. Lenz sued Universal Music Corporation for taking her video down from YouTube pursuant to a takedown notice sent to YouTube. That was in 2007. Universal claimed that the video violated their copyright in the “Let’s Go Crazy” song. As we previously discussed, the takedown notice is a provision in the Digital Millennium Copyright Act (DMCA) that allows copyright holders to require a service provider, like YouTube, to “expeditiously” remove copyright-infringing content in order to avoid any liability for the infringement. Critics of this provision complain that it is often abused by corporate copyright holders to unjustifiably take down content that might otherwise constitute fair use. Ms. Lenz sent a counter notification to YouTube claiming fair use, and the video was subsequently reposted weeks later. Nonetheless, Ms. Lenz sued Universal for misrepresentation based on a little used provision of the DMCA and sought a declaration that her use was non-infringing. That provision, or Section 512(c)(3)(A)(v), requires that for the takedown notice to be effective, the copyright holder must have a “good faith” belief that use of the content is not authorized by the copyright holder, its agent or the law.

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It seems like managing data breaches has become a part of doing business these days. From the October denial of service attack on Dyn (a company that provides core internet services to companies like Twitter, Spotify and Netflix) to the recent hacks of the Clinton campaign’s emails, data breaches are increasing in frequency, scope and cost. The average cost of a data breach increased to $4 million in 2015, and the 2016 Cost of Data Breach Study: Global Analysis published by IBM and the Ponemon Institute places the likelihood of a company having a material data breach involving 10,000 lost or stolen records in the next 24 months at 26 percent.

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Earlier this month, the ACLU published a report alleging that it had obtained public records showing that social media user data such as location tracking, photos and hashtag usage may have been used by law enforcement to monitor activists and protests. ACLU claims that records show that Twitter, Facebook and Instagram provided user data access to Geofeedia, a developer of a social media monitoring program that is marketed to law enforcement agencies as a tool for such tracking. According to the report, law enforcement used the monitoring program to track protests in Baltimore and Ferguson, Missouri.

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Well before Pokémon Go burst onto the mobile gaming scene in July, we had written about some of the pitfalls associated with AR gaming. When the game netted some 45 million daily users in just a few weeks, we talked about Pokémon Go some more (potential liabilities and clickwrap enforcement challenges). But while the game’s popularity has begun to wane, the enthusiasm for augmented reality has likely just begun.

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Bird-singingTweet nicely to the Twitter bot, “LnH: The Band”—a newcomer in artificial intelligence music generation—and the bot will automatically compose melodies for you. The AI-based band is “currently working on their first album,” according to LnH Music, but who will own the rights and royalties to the album? Or what about Mubert, which is touted by its creators as the world’s first online music composer, and which “continuously produces music in real-time … based on the laws of musical theory, mathematics and creative experience?” In other words, if a computer program generates a creative work—be it a song, book or other creation—is there a copyright to be owned? If so, who owns and gets to collect on the copyright?

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In this political season, much has been made about late-night Twitter rants targeting women and other social media attacks on individuals and celebrities. Although these harsh online critiques create a more hostile cyber community, more imminent danger may arise from the safety risks that accompany online activity in general. Law-enforcement officials have long warned users against disclosing travel plans on social media to would-be thieves by, for example, posting pictures of a boarding pass from that long-awaited trip to Barcelona. But what about apps and services like Find My Friends, where users can share their location with up to 50 friends, or Snapchat, which shows a user’s location when posting an image or video? With a culture focused on sharing and instant access to information via social media feeds, it bears considering if location-revealing apps engender some inherent danger, whether the app developers disclose potential risks, and what steps can be taken to protect personal safety.

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Political campaigns have increasingly turned to social media as a channel to reach voters. Social media not only has the power to reach audiences numbering in the billions, but it also has the power to change the behavior of its users. This far-reaching influence is nothing new—advertisers pay lots of money to use these channels to sell and market their products to targeted audiences. But, could this power be used to sway voters, and is there anything that prevents social media companies from getting into the game of politics?

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Today’s online world is all about engaging and staying connected with others via social media. For businesses, establishing a presence on various social media platforms is an enticing way to connect with current customers as well as foster new business.

Yet the immense popularity of social media sites can also draw unwanted attention to its users. Just as businesses are drawn to popular social medial sites to market their brands and products, so, too, are potential cybercriminals interested in targeting those who engage with these sites. On many of these platforms, user engagement is public. In other words, when a user chooses to “follow” a company or leave a comment, not only does the business take notice of the user, but everyone else on the platform can, as well, including those who are not themselves following the business. This provides a would-be cybercriminal a target-rich group upon whom to practice new (and old) scams.

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Social media has become a must-have medium for most companies and celebrities. The medium provides an easy, inexpensive and instantaneous connection to customers and fans. However, as social media marketing continues to expand and evolve, so do concerns about deceptive advertising.

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Social-BusinessSocial media is quickly becoming the way that companies present and market themselves to the world. Companies are also realizing the value social media provides in an easy conduit to communicate with customers. But the same qualities that make social media valuable can also lead to negative consequences. While information can be shared easily and instantaneously through social media, retracting such information is another story. Furthermore, the audience is not easily limited. So when it comes to the context of mergers and acquisitions, should social media have a role?

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