Douglas Wood published an article for the Association of National Advertisers on January 2nd titled “Growth in 2019: A Legal Perspective.” In the article, Doug discusses how legal issues will affect brands and growth in years to come and provides an outlook on legal challenges marketers who care about growth need to keep in
The Second Circuit Turns the Page on Plaintiffs’ Google Books Copyright Suit
Another important copyright decision is in—this time from the Second Circuit Court of Appeals in Authors Guild v. Google, Inc. Plaintiffs—authors of copyright protected books—brought an action for infringement against Google, claiming that its digitization of millions of books without Plaintiffs’ permission violated copyright law. The court on appeal, acknowledging that this dispute “test[ed] the boundaries of fair use,” ruled in favor of Google, allowing the search-engine to shelve this case in the W column. Below are my key takeaways from the court’s decision. First, here’s what you need to know about the case: Google scanned millions of books—without permission from the rights holders—and made them accessible to Internet users, who in turn, could search and view randomized pages (snippets) of the books on Google’s site (Google Books) for free. Google did this as part of its Library Project. With nearly twenty million books digitized from some of the world’s largest libraries, Google Books is a powerful research tool that provides users with information not “obtainable in lifetimes of searching.” So why did the court conclude Google’s unauthorized copying of millions of books didn’t violate copyright law? Fair use, of course! Here are the key legal takeaways from the decision:…
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ECJ Google Spain Decision Delivered
On May 13, the Court of Justice of the European Union delivered a groundbreaking ruling on the so-called “right to be forgotten” and the territorial application of the Data Protection Directive 95/46/EC. The Court ruled on key issues under what circumstances search engines must block certain information in the search results of the name of an individual.
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French ISP Restores a “Free” Internet for Advertisers
On Monday, the French Internet service provider, Free, reneged on its original decision to place a default ad-blocking filter on its customers’ routers after receiving pressure from advertisers and the French government. To learn more about this story, read the latest post on our Advertising Compliance blog, ReACTS.
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A Free Internet Once Again For France?
At the start of this year, the second-largest French ISP, Free, took the surprising decision to release an update for its customers which allowed them to block third party ads if they so desired. Even more surprising was the fact that a total blocking of such ads was the default position created by the…
Federal Trade Commission Director Claims Victory with Largest Civil Fine in FTC’s History for Consent Order Violation
David Vladeck, FTC Director of the Bureau of Consumer Protection, made comments Tuesday, citing the U.S. District Court’s approval of a $22.5 million civil fine against Google for violating a consent order as “a clear victory for consumers and privacy,” and demonstrating that the Commission “will continue to ensure that its orders are obeyed, and that consumers’ privacy is protected.” The consent order settled charges that Google misrepresented privacy assurances to users of Apple’s Safari Internet browser in violation of a previous FTC settlement Order.
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Google Shows Advertising In a New Light
Google has launched a new advertising format this week which it says will be better at targeting consumers and more cost effective for advertisers. Welcome to Lightbox. Lightbox advertisements initially appear as regular display advertisements within a webpage, but when the user hovers over the advertisement for two seconds, it quickly expands into a super-sized…
Google vs. the World (and the EU, too.)
The FTC’s Investigation of Google: What To Do When The FTC Sends Your Company An Inquiry
In June, Google confirmed that the Federal Trade Commission (FTC) opened an antitrust investigation against it. While the scope and details of the investigation have not been disclosed, the FTC is likely examining whether and how Google has used its dominance in Internet search and advertising to stifle competition, and whether Google’s actions cause harm to consumers.
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