Author Archives: John DiGiacomo

Status on Social Media Moderation Statutes and Cases

Status on Social Media Moderation Statutes and Cases

Internet Law

Social media content moderation by technology platforms was one of the “hot” legal topics in 2023-2024. Three States — California, Texas, and Florida — passed different statutes to either require more content moderation (California) or to limit such moderation (Texas and Florida). All the statutes, in one way or another, demanded more transparency and information […]

Read more about Status on Social Media Moderation Statutes and Cases

Youtubers: Two Keys for Complying With FTC Endorsement/Fair Advertising Rules

Youtubers: Two Keys for Complying With FTC Endorsement/Fair Advertising Rules

Internet Law

YouTubers know they have to comply with all the various YouTube rules and regulations. These include Youtube rules related to endorsements of products and sponsored content. However, YouTubers also have to comply with statutes and government regulations, which are often more strict than their YouTube counterparts. The most important set of rules has been issued […]

Read more about Youtubers: Two Keys for Complying With FTC Endorsement/Fair Advertising Rules

D2C E-commerce Businesses: What is the De Minimis Postal/Customs Rule?

D2C E-commerce Businesses: What is the De Minimis Postal/Customs Rule?

Internet Law

For many direct-to-consumer (“D2C”) e-commerce businesses, China is the source of the products that are delivered to consumers directly from the manufacturing or processing centers. The business model works economically for many reasons, including what is generally called the de minimis customs and postal rule. This rule allows packages with values less than $800 to […]

Read more about D2C E-commerce Businesses: What is the De Minimis Postal/Customs Rule?

NIL Athlete Deals: They Will Not Let Me Appear in My Team Jersey: Why Not?

NIL Athlete Deals: They Will Not Let Me Appear in My Team Jersey: Why Not?

Internet Law

In every name, image, and likeness (“NIL”) endorsement agreement, there are provisions that prohibit the use of team logos and designs and that ban the athlete from appearing in his or her team’s jersey or other identifying clothes. This may seem puzzling since the reason the athlete is being sought out for NIL endorsements is […]

Read more about NIL Athlete Deals: They Will Not Let Me Appear in My Team Jersey: Why Not?

Plaintiff Wins in Delaware AI-Copyright Case — Might be Big Win

Plaintiff Wins in Delaware AI-Copyright Case — Might be Big Win

Copyright

One of the many ongoing cases involving copyright laws and AI generative modules and programs involves plaintiffs, Thomson Reuters Enterprise Centre, GMBH, and West Publishing Corp., against a now-defunct business — Ross Intelligence, Inc. Ross Intelligence is accused of copyright infringement when it attempted to create an AI-driven alternative to one of Reuters’ online products, […]

Read more about Plaintiff Wins in Delaware AI-Copyright Case — Might be Big Win

Can I Appeal an Amazon Arbitration Award?

Can I Appeal an Amazon Arbitration Award?

Internet Law

Practically speaking, the answer is “no.” As many know, Amazon’s Terms of Service and other agreements require that any disputes be submitted to binding private arbitration (as opposed to resolution through the process of a public court proceeding). Through movies, television, and literary depictions and descriptions, many people have some sense of how court proceedings […]

Read more about Can I Appeal an Amazon Arbitration Award?

AI and Copyrights: “AI-Assisted” Works Where Human Authorship is “Perceptible” Could Be Copyrightable

AI and Copyrights: “AI-Assisted” Works Where Human Authorship is “Perceptible” Could Be Copyrightable

Copyright

As we have written here on this blog, artificial intelligence (“AI”) programs and modules are causing turmoil in the area of copyright law. In general, three areas are concerning to copyright holders: The vast amount of pending AI/copyright litigation is focusing on the first two questions and the litigation is now going global. For example, […]

Read more about AI and Copyrights: “AI-Assisted” Works Where Human Authorship is “Perceptible” Could Be Copyrightable

What are “Choice of Law” and “Venue” Contract Clauses and Why are They Important?

What are “Choice of Law” and “Venue” Contract Clauses and Why are They Important?

Corporate

In the vast majority of business, consumer, and other types of contracts, there is one or several clauses in the contract that reference the parties’ agreement on “choice of law,” “venue,” and — often — “jurisdiction.” A sample contract clause containing all three might look like this (choosing New York for convenience): “CHOICE OF LAW, […]

Read more about What are “Choice of Law” and “Venue” Contract Clauses and Why are They Important?

We turn online legalese into crystal clear, actionable takeaways and guidelines you can use to make better decisions for your business.