LEGAL THOUGHTS

This blog contains our personal opinions on topics that interest us.

Wix, Google Analytics and IP anonymization

Up until recently, if you were using Wix.com to host your website, you could not turn on the IP anonymization in Google Analytics. With the GDPR, the inability to turn on IP anonymization would have been problematic to anyone hosting a website directed to people in the EU. However, it appears that as a part of Wix.com's GDPR preparations, they have enabled that feature (see support post). #GDPR #privacy

GDPR - It's here

It has been a long road. But, the EU's General Data Protection Regulation (GDPR) is now in force. In a nutshell, if you are offering goods or services to people in the EU, or you are monitoring people who are in the EU, then you are covered by the GDPR. GDPR Art. 3(2). #GDPR

Ronald McDonald House

In college, I used to raise money for the local Ronald McDonald house. I was pleasantly surprised to see this billboard in Switzerland advertising that the concept went international, and that these houses are in Switzerland. #trademark

Middle Temple

England has an interesting legal system. Attorneys who want to barristers must join one of the four Inns of Court. While wandering around the Middle Temple, which is one of the four Inns, I saw this building and it appears to identify the building tenants. #england

The ABCs of employment in California

On April 30th, the Supreme Court of California issued an important decision on how to determine if a worker is an employee or an independent contractor. In Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, the California Supreme Court held that it was appropriate to use the "ABC" test which already is used by a number of states, such as Massachusetts (see link to Order stored on Mega.nz). Under this test, a worker is properly considered an independent contractor to whom a wage order does not apply only if the hiring entity establishes: (A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under th

Wine in a box meet beer in a bag

On April 30th, Anheuser-Busch sued Heineken for infringing four of its patents for a new technology intended for draft beer containers (see link to Complaint on Mega.nz). As the complaint states, "[g]enerally, draft beer has been stored in stainless steel kegs, and is dispensed by introducing gas directly into the keg, which forces the beer out. However, this gas can, under certain circumstances, affect the quality of the beer" (Complaint, para. 23). The patented inventions relate to Anheuser-Busch's bag-in-container bottles where a pressurized gas is introduced between the inner bag and the outer container "which squeezes the inner bag and dispenses the liquid in it, all without allowing an

Section 301 Report and Switzerland

On April 28th, the U.S. Trade Representative released the 2018 Section 301 report "identifying trading partners that do not adequately or effectively protect and enforce intellectual property (IP) rights or otherwise deny market access to U.S. innovators and creators that rely on protection of their IP rights" (see link to press release) (see link to report). Once again, Switzerland is on the Watch List because of its online copyright protection and enforcement rules (see prior blog post). The current Swiss copyright law, the Federal Act on Copyright and Related Rights (CopA), exempts certain uses from infringement (see link to unofficial English translation). Article 19 states that "publis

Amazon Echo Kids and privacy

Last week, Amazon announced it would be releasing a kid's focused version of its Echo smart speaker (see Amazon link). While this product clearly appeals to parents (and their kids), data privacy and security concerns should be paramount, especially given the potential risks (see earlier post about IOT thermometer). In the US, this product and its related services needs to comply with Children's Online Privacy Protection Act (COPPA) and in the EU the GDPR. To address parental concerns, Amazon included many "parental" features such as time limits, a block on explicit songs, activity review, and a parental control application. For Amazon, this device gives Amazon another window into the live

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