Facebook became the latest American technology company to face antitrust hurdles in Europe after the German Federal Cartel Office (Bundeskartellamt), a competition authority, opened an investigation into whether Facebook Inc., USA, Facebook Ireland Limited and Facebook Germany GmbH abused their alleged dominant position in social networking by violating data protection laws. Accordingly, unlike other proceedings the Cartel Office’s investigation targeting Facebook is for the first time based on the potential invalidity of its terms of use pursuant to German data privacy laws.
May 2016
Internet’s ‘Hide and Seek’ Battle Continues in Canada
The anonymity of the Internet has posed many challenges to the protection of intellectual property rights. The sheer size of the population of online users and the millions of file-sharing programs and other social media outlets that exist have left IP rights holders struggling to protect their property and goodwill in the digital era. For example, the battle between protecting copyright online while simultaneously protecting the privacy rights of online users has led to interesting debates in the courts as well as new IP strategies that are currently being explored.
Is my SnapChat really deleted?
Yes and no. SnapChat automatically deletes most messages after they have been opened or expired. However, it warns users that the recipient may take a screenshot or use some other screen capture technology (or simply take a photo of their screen with another camera). Our long-time readers may recall that SnapChat entered into settlement agreements with both the U.S. Federal Trade Commission and the Maryland Attorney General on the topic of whether messages disappear.
Socially responsible advertising
On April 6, 2016, the UK’s Advertising Standards Authority considered a complaint made against Guccio Gucci SpA regarding a video, which originally appeared on the website at www.thetimes.co.uk. The advert featured several models dancing in a house, clothed in the apparel of the global fashion brand, and the complaint centred around the physical appearance of these models.
Liability for friends’ defamatory statements
Liability for third-party defamatory comments on one’s personal account, whether on Facebook or another internet-based platform, is an emerging legal issue in Canadian law.
If a social media “friend” posts defamatory statements about another person on your profile, or other site, can you be personally liable to the defamed person? Do you have any obligation to actively monitor your social media existence in the face of such statements? Are you liable for third party statements that you may not even be aware of?
Rise of the social media bots
As we discussed in a recent post, “Social media overload”, social media has grown exponentially over the past decade and has caused businesses to change how they operate and how they make decisions. Social media has quickly become one of the most important marketing platforms, providing a convenient way for companies to reach broad audiences.
Adding to Glossary of Social Media Terms
We have several new readers to our blog, and we want make sure everyone is aware of our features that not only include blog posts, but also several glossaries. One of our glossaries to help our readers understand what the…
Social Media and Potential Jurors
Social media profiles and postings by potential jurors can provide litigation counsel with substantial information about these individuals, including their likes, dislikes, and views on various issues and potential biases. A March 25, 2016 federal trial court ruling, however, led both parties to agree to forego these searches.