Tag archives: YouTube

Paid Reviews Continue to Generate Headlines

As commerce shifts to online shopping and consumers increasingly rely on user reviews, some researchers are predicting that by year end 10-15% of consumer reviews will actually be fake reviews (either positive or negative) paid for by advertisers or their agents. Gartner Says By 2014, 10-15 Percent of Social Media Reviews to Be Fake, Paid … Continue reading

Viacom v. YouTube

On April 18, 2013, a federal district court judge again granted summary judgment in favor of YouTube in a copyright infringement lawsuit originally filed by Viacom, Paramount Pictures, and others in 2007. Viacom Int’l Inc. v. YouTube, Inc., No 1:07-cv-02103-LLS (S.D.N.Y. Apr. 18, 2013). The plaintiffs had claimed that YouTube had infringed their copyrighted movies, television … Continue reading

The NLRB and employer social media policies

The highly respected Pew Center recently released its demographic data on social media usage. The data shows that regardless of age, race, sex, education, or income, well over half of the adults in the United States who use the internet, use social media.  It is therefore reasonable that employers would formally address their expectations of … Continue reading

SEC approves social media for company announce- ments if investors are alerted

On April 2, 2013, the Securities and Exchange Commission (the “SEC”) issued a report (the “Report”) indicating that companies can use social media, such as Facebook and Twitter, to announce key information in compliance with Regulation Fair Disclosure (“Regulation FD”), provided that investors have been informed of which social media outlet will be used to … Continue reading

Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 et seq., projects the common law tort of real property trespass into the virtual realm of computers. The CFAA has been successfully invoked for creation of fake user accounts on social network sites, email spam, email phishing, robotic data mining, and unauthorized hard-drive wiping.  … Continue reading

Owning your social media: Drafting a social media use policy

As more companies recognize the brand value created and sustained through social media, there is greater interest in preserving social media accounts for company use and retaining the follower, member or “friend” base that has been built over time. Simultaneously, an increasing number of employees believe that the social media accounts are not company property … Continue reading

CDA § 230 Safe Harbor

Section 230 of the Communications Decency Act (“CDA”), otherwise known as § 230 Safe Harbor, explains that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”  47 U.S.C.A. § 230(c)(1).  In addition, § 230 precludes liability for providers … Continue reading

Defamation in a Social Media World

Companies of every size are concerned with protecting the reputation of the company, which is often a company’s greatest source of referrals. Protecting the online reputation of a company has become increasingly difficult because the reputation of a company can be ruined very quickly if an unhappy customer, former employee, or competitor of the company … Continue reading

Anonymous Negative Reviews

Austin-based cleaning company Austin Gutter King Corporation, Inc. made headline news in Texas this week by filing a lawsuit against the poster of a negative review of its business on Google Places, the search engine’s business listing and review website. The review originally came from a user named “Norma Lee,” but a court-ordered request from … Continue reading

NLRB Still Scrutinizing Social Media Policies

On November 15, 2012, the National Labor Relations Board again rejected an employer’s social media policy because it could be construed to chill employees’ rights to join together for mutual aid and protection. Dish Network’s employee handbook banned employees from making “disparaging or defamatory comments” about the company. Relying on the NLRB’s  recent decision invalidating … Continue reading

OpenID

OpenID is an third-party identification protocol that allows users to log on to multiple websites with only one username and password.  Users register with one OpenID website, called an Identity Provider.  The user can then log on to any website that accepts OpenID using the identity from the provider.  The “OpenID Acceptor,” as it is … Continue reading
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