Comments on Social Media Issues
This document delves into various legal aspects surrounding social media issues, particularly focusing on immunities, third-party intellectual property (IP) licenses, and indemnification. It discusses the implications of user behavior and limitations of liability as outlined in terms and conditions of use. The enforceability of these terms as contracts of adhesion is examined, along with a disclaimer on securities. The guide also covers proactive measures such as a defensive strategy for domain registration, addressing threats from cybersquatting, and the cost-benefit analysis of gTLD applications.
Comments on Social Media Issues
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Presentation Transcript
Comments on Social Media Issues Application of Immunities? PII Treatment of 3rdParty IP License to use? 3rd party Indemnification Personal Release Reliance on Terms and Conditions of Use Limit Liability through T&CU? Warranties re Use of Site Materials Limitation of Liability User Behaviour Are T&CU enforceable as contract of adhesion? Securities disclaimer
New gTLD “.IBRD” “.BIRD” ~ 24 gTLDs - .com, .net., .org Jan 12, 2012 application window opens / Guidebook “.worldbank” ? $285,000 / domain Cost/Benefit : Is “extra” security or improved “brand” worth it? (x multiple languages x multiple scripts) + 10 year contract ($20,000 min/year) + admin cost
WGC to approve strategy Interdisciplinary team formed – LEG, EXT, IMT Adopt “Defensive Strategy” Guidebook provides for “Early Warning” through GAC “Legal Rights”
Defensive Strategy requires “Nettoyage” Of Tradenames and Trademarks Vigilance with Cyber-squatters and typo-squatters ~155 cybersquatted domains
Second-Level Domains “world.bank” “.bank”
“worldbank.net” • Domain identical or confusingly similar to a trademark or service mark; and • Respondent has no legitimate interests in respect of the domain name; and • the domain name was registered and is being used in bad faith “The disputed domain name <worldbank.net> is the same as the Complainant’s trademark except for the absence of a space between the two words and the addition of the gTLD ".net". The absence of spaces between words is common and to be expected in domain names, and does not reduce confusion between them and valid trade or service marks.” “world.bank” ???