Category Archives: Terms of Use

Get thee to the Copyright Office: take steps now to preserve your DMCA safe harbor protection

The U.S. Copyright Office announced yesterday its new online registration system for designated agents. Online service providers designate agents to receive notifications of claimed copyright infringement. As of December 1, 2016, the Copyright Office no longer accepts paper applications for agent designation. Service providers who previously designated agents in the existing directory have until December 31, 2017 to register […]

Second Circuit: copyright infringement of Pre-1972 sound recordings covered by DMCA Safe Harbor

Superheros donning black robes save website operators from liability for users’ copyright infringement of sound recordings fixed prior to 1972. The Second Circuit Court of Appeals ruled today that the safe harbors provided by the Digital Millennium Copyright Act (DMCA) protect qualifying website operators from liability from such pre-1972 recordings, even though they are not covered by federal copyright law. […]

Dear Friends: Copy and paste Facebook Privacy Notices are SPAM. Kindly stop reposting!

Or perhaps the notices are a hoax virus– spread by friends bullying friends to spam others to show respect for the poster’s privacy and copyrights. Posting and re posting the Facebook Privacy Notice will not change Facebook’s policies.  If privacy is a concern, adjust privacy settings or avoid using Facebook for private communications. If controlling content is a concern, […]

Facebook gets a new groove: proposed updates to privacy and use policies

I guess we of Facebook Nation no longer “think” as one.  Last week Facebook announced proposed changes to its Data Use Policy (explains collection and use of data) and Statement of Rights and Responsibilities (terms of use). As of November 28, Facebook will be able to change its policies with seven days notice to users. […]

Collecting children’s data without their parents’ permission earns the FTC a cool $1M fine from Bieber Fansite

Websites should consider treating children as an attractive nuisance. Even consider putting up fences to keep them out.  The FTC is monitoring many websites that attract children (even unintentionally) for COPPA violations. The Children’s Online Privacy Protection Act, COPPA, requires websites to  obtain verifiable parental consent before collecting personal information from kids under age 13.  […]