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linkedin-eula-analyzed.json
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| { | |
| "section_header": "1. Description of Software", | |
| "analysis": [ | |
| { | |
| "clause": "The Software is a downloadable software application that enables you to access LinkedIn functionality directly from your Android, iPhone, iPad or other mobile device supported by LinkedIn (âDeviceâ). You may download the Software whether or not you use the LinkedIn Service, but you must associate it with your LinkedIn account to enable its full functionality.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2523", | |
| "conflict": "The clause requires users to associate the software with their LinkedIn account to enable full functionality, which may conflict with user privacy rights and data protection regulations.", | |
| "relevance": "The Electronic Communications Privacy Act of 1986 protects user privacy and data from unauthorized access and disclosure. However, the requirement to associate the software with a LinkedIn account may lead to unauthorized access or disclosure of user data, potentially violating the protections offered by the Act.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter119&edition=prelim" | |
| }, | |
| { | |
| "law": "General Data Protection Regulation (GDPR), Regulation (EU) 2016/679", | |
| "conflict": "The clause's requirement to associate the software with a LinkedIn account for full functionality may conflict with user consent and data minimization principles.", | |
| "relevance": "The General Data Protection Regulation (GDPR) requires user consent and data minimization. However, the clause may not align with GDPR principles as it mandates linking the software to a LinkedIn account, potentially collecting more data than necessary and without explicit user consent.", | |
| "url": "https://www.ali.org/publications/show/contracts/" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq.", | |
| "conflict": "The clause requires users to associate the software with their LinkedIn account to enable full functionality, which may conflict with state laws regarding user consent and data privacy.", | |
| "relevance": "The California Consumer Privacy Act (CCPA) requires businesses to obtain explicit consent from users before collecting or associating personal data. However, the clause that mandates association with a LinkedIn account to enable full functionality may not provide sufficient explicit consent as required by the CCPA.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&part=4.&lawCode=CIV&title=1.81.5" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "New York Privacy Act, S5642 (2019-2020)", | |
| "conflict": "The clause's requirement to associate the software with a LinkedIn account for full functionality may conflict with state laws that protect user autonomy and consent.", | |
| "relevance": "The New York Privacy Act requires businesses to obtain clear and affirmative consent from users before processing their personal data. The clause's requirement to associate the software with a LinkedIn account may not meet the clear and affirmative consent standards set by the New York Privacy Act.", | |
| "url": "https://www.nysenate.gov/legislation/bills/2019/s5642" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "7. Right to Terminate or Modify Software", | |
| "analysis": [ | |
| { | |
| "clause": "LinkedIn may modify the Software and this EULA without notice. You may cease use of the Software at any time. Either party may terminate this EULA at any time, with or without notice.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "15 U.S.C. § 45 - Unfair methods of competition unlawful; prevention by Commission", | |
| "conflict": "The clause allows LinkedIn to modify the EULA without notice, which may conflict with consumer protection laws that require fair notice of changes to terms.", | |
| "relevance": "The Federal Trade Commission (FTC) prohibits unfair or deceptive acts or practices in commerce. For example, the clause allowing LinkedIn to modify the End User License Agreement (EULA) without notice could be considered an unfair practice, as it does not provide users with fair notice or the opportunity to consent to changes.", | |
| "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim" | |
| }, | |
| { | |
| "law": "47 U.S.C. § 202 - Discriminations and preferences", | |
| "conflict": "The clause allows LinkedIn to terminate the EULA without notice, which may conflict with laws requiring reasonable notice for termination of services.", | |
| "relevance": "Common carriers must provide reasonable notice before terminating services. The clause allowing LinkedIn to terminate the EULA without notice could be seen as a violation of the requirement for reasonable notice before termination of services.", | |
| "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section202&num=0&edition=prelim" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "Cal. Civ. Code § 1698", | |
| "conflict": "The clause allows LinkedIn to modify or terminate the EULA without notice, which may conflict with state laws requiring reasonable notice for contract modifications.", | |
| "relevance": "California Civil Code Section 1698 requires reasonable notice for contract modifications. However, the clause that allows LinkedIn to modify the End User License Agreement (EULA) without notice may violate this requirement under California law.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1698" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "N.Y. Gen. Oblig. Law § 5-1103", | |
| "conflict": "The clause allows LinkedIn to terminate the EULA without notice, which may conflict with state laws requiring notice for contract termination.", | |
| "relevance": "New York General Obligations Law § 5-1103 requires notice for contract termination. The clause that allows LinkedIn to terminate the End User License Agreement (EULA) without notice may violate this requirement under New York law.", | |
| "url": "https://www.nysenate.gov/legislation/laws/GOB/5-1103" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "8. U.S. Government Restricted Rights", | |
| "analysis": [ | |
| { | |
| "clause": "By accepting delivery, the government agrees that the Software and accompanying documentation qualifies as âcommercialâ computer software within the meaning of the applicable acquisition regulations. The terms and conditions of this EULA govern the government's use and disclosure of the Software and supersede any conflicting terms and conditions. If this EULA fails to meet the government's needs or is inconsistent in any way with federal law, the government must return the Software, unused, to LinkedIn.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "Federal Acquisition Regulation (FAR) 12.212", | |
| "conflict": "The clause attempts to supersede conflicting terms and conditions, which may not be permissible under federal law.", | |
| "relevance": "Federal Acquisition Regulation (FAR) 12.212 states that commercial computer software and documentation shall be acquired under the terms of the vendor's standard commercial license, but only to the extent that such terms are consistent with federal law and the government's needs.", | |
| "url": "https://uscode.house.gov/" | |
| }, | |
| { | |
| "law": "Federal Acquisition Regulation (FAR) 52.227-19", | |
| "conflict": "The clause requires the government to return the software if the EULA is inconsistent with federal law, which may not be enforceable.", | |
| "relevance": "Federal Acquisition Regulation (FAR) 52.227-19 provides that the government has certain rights to use, modify, reproduce, release, perform, display, or disclose commercial computer software, and these rights cannot be unilaterally restricted by the vendor.", | |
| "url": "https://uscode.house.gov/" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "California Public Contract Code § 10335.5", | |
| "conflict": "The clause attempts to supersede any conflicting terms and conditions, which may not be enforceable under certain state laws that protect government procurement processes.", | |
| "relevance": "California Public Contract Code § 10335.5 prohibits any contract terms that are inconsistent with state procurement laws and regulations. The clause's attempt to supersede conflicting terms and conditions may be invalid under this law, as state procurement laws take precedence.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10335.5&lawCode=PCC" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "New York State Finance Law § 163", | |
| "conflict": "The clause's requirement for the government to return the software if the EULA is inconsistent with federal law may conflict with state laws that govern the return and refund policies for government procurements.", | |
| "relevance": "New York State Finance Law § 163 requires specific procedures for the return and refund of procured goods and services. The clause's blanket requirement for the government to return the software may not align with these specific state-mandated procedures.", | |
| "url": "https://www.nysenate.gov/legislation/laws/STF/163" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "9. Open Source", | |
| "analysis": [ | |
| { | |
| "clause": "The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https://www.linkedin.com/legal/l/open-source-mobile-apps and/or in the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "17 U.S.C. § 101 et seq. (Copyright Act of 1976)", | |
| "conflict": "The clause states that each item of open source software is subject to its own applicable license terms, which may conflict with certain federal laws that impose specific requirements on software licenses.", | |
| "relevance": "The provisions of 17 U.S.C. § 101 et seq. impose specific requirements on software licenses that may conflict with the open source software license terms mentioned in the clause.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title17/chapter1&edition=prelim" | |
| }, | |
| { | |
| "law": "15 U.S.C. § 2301 et seq. (Magnuson-Moss Warranty Act)", | |
| "conflict": "The clause's provision that license terms can be found in various locations may not meet the clarity and accessibility requirements set by federal regulations.", | |
| "relevance": "The statute 15 U.S.C. § 2301 et seq. mandates that warranty terms must be clear and accessible. This requirement may not be satisfied if the clause states that license terms can be found in various locations.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter50&edition=prelim" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "Cal. Civ. Code § 1798.100 (California Consumer Privacy Act of 2018)", | |
| "conflict": "The clause allows for the use of open source software under its own license terms, which may conflict with state laws that impose specific requirements on software licenses.", | |
| "relevance": "The California Consumer Privacy Act (CCPA) imposes specific requirements on businesses regarding the collection, use, and sharing of personal information. However, the clause's allowance for open source software under its own license terms may not ensure compliance with CCPA's stringent requirements on data privacy and protection, potentially leading to legal conflicts.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&part=4.&lawCode=CIV&title=1.81.5" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "N.Y. Gen. Bus. Law § 899-aa (New York SHIELD Act)", | |
| "conflict": "The clause's general reference to open source software licenses may not align with state laws that require specific disclosures and terms in software agreements.", | |
| "relevance": "The New York SHIELD Act requires specific data security measures and disclosures. However, the clause's broad reference to open source software licenses may not meet the SHIELD Act's specific requirements for data security and consumer protection, leading to potential legal issues.", | |
| "url": "https://www.nysenate.gov/legislation/laws/GBS/899-AA" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "10. Indemnification", | |
| "analysis": [ | |
| { | |
| "clause": "To the fullest extent permitted by law, you agree to indemnify and otherwise hold harmless LinkedIn Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.", | |
| "conflict": "The clause's broad indemnification requirements may conflict with consumer protection laws that limit the enforceability of such provisions.", | |
| "relevance": "The Magnuson-Moss Warranty Act limits the enforceability of broad indemnification clauses in consumer contracts. For instance, a clause that requires users to indemnify LinkedIn for a wide range of damages may be deemed unenforceable under this Act if it is considered a consumer contract.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter50&edition=prelim" | |
| }, | |
| { | |
| "law": "Unfair and Deceptive Acts and Practices (UDAP) laws, various state statutes", | |
| "conflict": "The clause's attempt to limit liability for consequential and exemplary damages may be restricted by state laws that protect consumers from unfair contract terms.", | |
| "relevance": "UDAP laws restrict the enforceability of contract terms that limit liability for consequential and exemplary damages. The clause's broad limitation on liability for various types of damages may be considered unfair or deceptive under state UDAP laws, making such provisions unenforceable.", | |
| "url": "https://www.law.cornell.edu/ucc" | |
| }, | |
| { | |
| "law": "California Civil Code § 1668", | |
| "conflict": "The clause's broad indemnification requirements may conflict with state laws that prohibit the waiver of certain rights and remedies in consumer contracts.", | |
| "relevance": "California Civil Code § 1668 prohibits the waiver of certain rights and remedies in consumer contracts. Specifically, it disallows contracts that exempt anyone from responsibility for their own fraud, willful injury, or violation of law. For instance, a clause requiring users to indemnify LinkedIn for a wide range of damages may be unenforceable under this statute.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1668.&lawCode=CIV" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "Cal. Civ. Code § 1668", | |
| "conflict": "The clause attempts to indemnify LinkedIn Corporation and its affiliates to the fullest extent permitted by law, including for indirect, incidental, special, consequential, and exemplary damages. However, certain state laws limit the enforceability of such broad indemnification clauses.", | |
| "relevance": "California Civil Code Section 1668 prohibits contracts that exempt anyone from responsibility for their own fraud, willful injury to the person or property of another, or violation of law, whether willful or negligent. The indemnification clause in the agreement attempts to hold LinkedIn and its affiliates harmless for a wide range of damages, which could include those arising from LinkedIn's own negligence or willful misconduct. This is not enforceable under California law.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1668.&lawCode=CIV" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "N.Y. Gen. Oblig. Law § 5-322.1", | |
| "conflict": "The clause's attempt to indemnify for exemplary damages may be unenforceable under certain state laws that restrict such provisions.", | |
| "relevance": "New York General Obligations Law § 5-322.1 invalidates any agreement that purports to indemnify or hold harmless a party for damages arising from their own negligence. The indemnification clause in the agreement includes exemplary damages, which could be interpreted as punitive damages. New York law restricts indemnification for damages arising from a party's own negligence, making this clause potentially unenforceable.", | |
| "url": "https://www.nysenate.gov/legislation/laws/GOB/5-322.1" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "6. No Warranty", | |
| "analysis": [ | |
| { | |
| "clause": "LINKEDIN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN \"AS-IS\" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. LINKEDIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312", | |
| "conflict": "The clause disclaims all implied warranties, including merchantability and fitness for a particular purpose, which may not be permissible under certain federal laws.", | |
| "relevance": "The Magnuson-Moss Warranty Act prohibits disclaiming implied warranties if a written warranty is provided. This means that any attempt to disclaim all implied warranties may not be enforceable under the Act when a written warranty is given.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter50&edition=prelim" | |
| }, | |
| { | |
| "law": "Uniform Commercial Code (UCC) § 2-316", | |
| "conflict": "The clause's broad disclaimer of implied warranties may conflict with state laws that do not allow such disclaimers.", | |
| "relevance": "UCC § 2-316 limits the ability to disclaim implied warranties. The clause's attempt to broadly disclaim implied warranties may be limited by UCC § 2-316, which requires specific language and conspicuousness to effectively disclaim implied warranties.", | |
| "url": "https://www.law.cornell.edu/ucc/2/2-316" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "Cal. Civ. Code § 1792", | |
| "conflict": "The clause disclaims all implied warranties, including merchantability and fitness for a particular purpose, which is not allowed in certain jurisdictions.", | |
| "relevance": "California Civil Code Section 1792 implies warranties of merchantability and fitness for a particular purpose for all consumer goods sold in California, unless these warranties are properly disclaimed. However, a blanket disclaimer of all implied warranties would conflict with California law, which mandates that certain implied warranties must be specifically and properly disclaimed.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1792.&lawCode=CIV" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "N.Y. U.C.C. Law § 2-316", | |
| "conflict": "The clause's blanket disclaimer of implied warranties may not be enforceable in jurisdictions that have specific requirements for disclaiming such warranties.", | |
| "relevance": "New York Uniform Commercial Code Law Section 2-316 requires specific language or conspicuousness for disclaiming implied warranties of merchantability and fitness for a particular purpose. A general disclaimer of all implied warranties may not meet the specific language or conspicuousness requirements set forth by New York law.", | |
| "url": "https://www.nysenate.gov/legislation/laws/UCC/2-316" | |
| }, | |
| { | |
| "state": "Massachusetts", | |
| "law": "Mass. Gen. Laws ch. 106, § 2-316A", | |
| "conflict": "The clause's disclaimer of implied warranties may not be enforceable in jurisdictions that have consumer protection laws requiring certain warranties.", | |
| "relevance": "Massachusetts General Laws Chapter 106, Section 2-316A prohibits the exclusion or limitation of implied warranties in consumer transactions. The clause's blanket disclaimer of all implied warranties conflicts with Massachusetts law, which prohibits such disclaimers in consumer transactions.", | |
| "url": "https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Section2-316A" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "2. License", | |
| "analysis": [ | |
| { | |
| "clause": "LinkedIn hereby grants you, subject to the terms and conditions of this EULA, a non-exclusive, non-transferable personal license to:Use the Software for your own personal use; | |
| Install the Software on only one Device; and | |
| Make one copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy. | |
| For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "17 U.S.C. § 107 - Limitations on exclusive rights: Fair use", | |
| "conflict": "The clause restricts the user to install the software on only one device and make only one back-up copy, which may conflict with fair use provisions under copyright law.", | |
| "relevance": "17 U.S.C. § 107 provides limitations on exclusive rights under the doctrine of fair use, which may allow users to make multiple copies for personal use, research, or other purposes not explicitly covered by the EULA clause. This creates a potential conflict as the EULA restricts the user to only one device and one back-up copy, potentially infringing on the user's fair use rights.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title17/chapter1&edition=prelim" | |
| }, | |
| { | |
| "law": "17 U.S.C. § 109 - Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord", | |
| "conflict": "The clause's restriction on transferring the software may conflict with the first sale doctrine under copyright law.", | |
| "relevance": "17 U.S.C. § 109 allows the owner of a particular copy of a work to sell or otherwise dispose of the possession of that copy, which may conflict with the EULA's non-transferable license clause. This creates a potential conflict as the EULA restricts the user from transferring the software, potentially infringing on the user's rights under the first sale doctrine.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title17/chapter1&edition=prelim" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "Cal. Civ. Code § 980(a)(2) (West 2023)", | |
| "conflict": "The clause restricts the installation of the software to only one device, which may conflict with state laws that allow for fair use and multiple device installations under certain conditions.", | |
| "relevance": "California Civil Code Section 980(a)(2) permits the owner of a copy of a computer program to create or authorize the creation of another copy or adaptation of that program, provided that the new copy or adaptation is necessary for the program's use with a machine and is not used in any other way. However, this law may conflict with End User License Agreements (EULAs) that restrict the software's installation to a single device, as it allows for the creation of additional copies as an essential step in its utilization, potentially including installation on multiple devices.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=980." | |
| }, | |
| { | |
| "state": "Texas", | |
| "law": "Tex. Bus. & Com. Code Ann. § 35.51(b) (West 2023)", | |
| "conflict": "The clause's restriction on making only one back-up copy may conflict with state laws that provide broader rights for software backup and archival purposes.", | |
| "relevance": "According to Tex. Bus. & Com. Code Ann. § 35.51(b), the owner of a copy of a computer program is allowed to make or authorize the making of another copy or adaptation of that computer program for archival purposes. This includes the right to replace the original copy if it is lost, destroyed, or otherwise rendered unusable. However, this law may conflict with the End User License Agreement (EULA) that restricts the creation of multiple copies for archival purposes, limiting the user to a single back-up copy.", | |
| "url": "https://statutes.capitol.texas.gov/Docs/BC/htm/BC.35.htm" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "12. Export Restrictions", | |
| "analysis": [ | |
| { | |
| "clause": "This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export of software from the United States of America, and may be subject to export and import regulations of other countries. You acknowledge and agree not to import, export, re-export, transfer or use, directly or indirectly, the Software without compliance with such laws, regulations, orders or other restrictions.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120-130", | |
| "conflict": "The clause requires compliance with all export and import regulations, but some laws may impose additional or conflicting requirements.", | |
| "relevance": "The International Traffic in Arms Regulations (ITAR) imposes additional restrictions on the export of defense-related software and services. While the End User License Agreement (EULA) clause requires compliance with all export regulations, ITAR may impose additional or conflicting requirements that are not explicitly covered in the EULA.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title22/chapter3&edition=prelim" | |
| }, | |
| { | |
| "law": "Export Administration Regulations (EAR), 15 C.F.R. §§ 730-774", | |
| "conflict": "The clause requires compliance with all export and import regulations, but some laws may impose additional or conflicting requirements.", | |
| "relevance": "The Export Administration Regulations (EAR) impose additional restrictions on the export of commercial and dual-use items, including software. While the End User License Agreement (EULA) clause requires compliance with all export regulations, the EAR may impose additional or conflicting requirements that are not explicitly covered in the EULA.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter7&edition=prelim" | |
| }, | |
| { | |
| "law": "Office of Foreign Assets Control (OFAC) Regulations, 31 C.F.R. §§ 500-599", | |
| "conflict": "The clause requires compliance with all export and import regulations, but some laws may impose additional or conflicting requirements.", | |
| "relevance": "OFAC regulations impose additional restrictions on transactions and exports to certain countries and individuals. While the EULA clause requires compliance with all export regulations, OFAC regulations may impose additional or conflicting requirements that are not explicitly covered in the EULA.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title31/chapter5&edition=prelim" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq.", | |
| "conflict": "The clause requires compliance with all export and import regulations, but this state law imposes additional restrictions that may conflict with federal regulations.", | |
| "relevance": "The California Consumer Privacy Act (CCPA) imposes additional data protection and privacy requirements. However, these additional requirements may conflict with federal export regulations, making it difficult to ensure compliance with both sets of laws simultaneously.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&part=4.&lawCode=CIV&title=1.81.5" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "New York State Department of Financial Services (NYDFS) Cybersecurity Regulation, 23 NYCRR 500", | |
| "conflict": "The clause mandates compliance with all export regulations, but this state law imposes specific restrictions on the transfer of certain technologies that may not align with federal regulations.", | |
| "relevance": "The NYDFS Cybersecurity Regulation requires specific cybersecurity measures and reporting requirements. However, the regulation's specific requirements may conflict with federal export regulations, complicating compliance efforts.", | |
| "url": "https://www.dfs.ny.gov/industry_guidance/cybersecurity" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "13. General", | |
| "analysis": [ | |
| { | |
| "clause": "If you live in the Designated Countries: a) you and LinkedIn Ireland agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this EULA, the Software and/or LinkedIn Service; and b) you and LinkedIn Ireland agree that claims and disputes can be litigated only in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland. For others outside of Designated Countries, including those who live outside of the United States: a) you and LinkedIn agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this EULA, the Software and/or LinkedIn Service; and b) you and LinkedIn both agree that all claims and disputes can be litigated only in the federal or state courts in Santa Clara County, California, USA, and you and LinkedIn each agree to personal jurisdiction in those courts. This EULA constitutes the entire agreement between you and LinkedIn regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. LinkedIn, LinkedIn (stylized), the \"in\" logos, and other LinkedIn-owned logos and names are trademarks of LinkedIn and its affiliates. You agree not to display or use these trademarks in any manner without LinkedIn's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "Uniform Commercial Code § 2-210: Delegation of Performance; Assignment of Rights", | |
| "conflict": "The clause regarding the assignment of the EULA may be negatively aligned with certain provisions of the Uniform Commercial Code (UCC) which governs commercial transactions in the United States.", | |
| "relevance": "Uniform Commercial Code § 2-210 allows the assignment of rights under a contract unless the assignment materially changes the duty of the other party, increases materially the burden or risk imposed on him by his contract, or impairs materially his chance of obtaining return performance. The EULA's blanket prohibition on assignment ('any assignment of this EULA by you will be null and void') may conflict with the UCC's more nuanced approach, which permits assignment under certain conditions.", | |
| "url": "https://www.law.cornell.edu/ucc/2/2-210" | |
| }, | |
| { | |
| "law": "Federal Arbitration Act, 9 U.S.C. §§ 1-16", | |
| "conflict": "The severability clause may be negatively aligned with certain provisions of the Federal Arbitration Act (FAA), which governs arbitration agreements in the United States.", | |
| "relevance": "The Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, even if a provision is found to be contrary to law, unless the entire agreement is found to be unenforceable. However, the EULA's severability clause, which states that 'such provision will be changed and interpreted so as to best accomplish the objectives of the original provision,' may conflict with the FAA's requirement to enforce arbitration agreements as written. This could potentially lead to different interpretations.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title9/chapter1&edition=prelim" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "California Business and Professions Code § 16600", | |
| "conflict": "Governing Law and Jurisdiction", | |
| "relevance": "California Business and Professions Code § 16600 prohibits contracts that restrain anyone from engaging in a lawful profession, trade, or business of any kind. The assignment clause in the EULA states that any assignment by the user will be null and void. This could be interpreted as a restraint on the user's ability to engage in business activities, which is contrary to California Business and Professions Code § 16600.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=16600&lawCode=BPC" | |
| }, | |
| { | |
| "state": "California", | |
| "law": "California Civil Code § 1670.5", | |
| "conflict": "Severability", | |
| "relevance": "California Civil Code § 1670.5 allows courts to refuse to enforce unconscionable contracts or clauses. This may conflict with the severability clause in the EULA, which states that if any provision is held contrary to law, it will be changed to best accomplish the original objectives. However, under California Civil Code § 1670.5, courts have the authority to refuse to enforce unconscionable clauses entirely, rather than merely modifying them.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1670.5&lawCode=CIV" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "5. Personal Information and Privacy", | |
| "analysis": [ | |
| { | |
| "clause": "Our handling of personal information we collect through the LinkedIn Services or the Software is governed by the LinkedIn Privacy Policy.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501â6506", | |
| "conflict": "The clause states that LinkedIn's handling of personal information is governed solely by the LinkedIn Privacy Policy, which may not fully comply with certain federal laws.", | |
| "relevance": "The Children's Online Privacy Protection Act (COPPA) requires online services to obtain verifiable parental consent before collecting personal information from children under 13. However, the LinkedIn Privacy Policy may not explicitly address the requirements of COPPA, potentially leading to non-compliance if LinkedIn collects information from children under 13.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter91&edition=prelim" | |
| }, | |
| { | |
| "law": "General Data Protection Regulation (GDPR), Regulation (EU) 2016/679", | |
| "conflict": "The clause implies that LinkedIn's Privacy Policy is the sole governing document, which may not align with the broader requirements of the GDPR.", | |
| "relevance": "The General Data Protection Regulation (GDPR) mandates specific data protection measures and rights for individuals within the EU. However, the LinkedIn Privacy Policy may not fully incorporate GDPR requirements, such as data subject rights and cross-border data transfer regulations, leading to potential non-compliance.", | |
| "url": "https://www.ali.org/publications/show/contracts/" | |
| }, | |
| { | |
| "law": "California Consumer Privacy Act (CCPA), Cal. Civ. Code §§ 1798.100â1798.199", | |
| "conflict": "The clause does not explicitly address the requirements of the CCPA, which could lead to non-compliance.", | |
| "relevance": "The California Consumer Privacy Act (CCPA) requires businesses to provide specific disclosures and rights to California residents regarding their personal information. However, the LinkedIn Privacy Policy may not fully address the CCPA's requirements, such as the right to know, the right to delete, and the right to opt-out of the sale of personal information, leading to potential non-compliance.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.81.5.&part=4.&chapter=&article=" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq.", | |
| "conflict": "The clause states that personal information handling is governed solely by the LinkedIn Privacy Policy, which may not align with state-specific privacy laws that impose additional requirements.", | |
| "relevance": "The California Consumer Privacy Act (CCPA) imposes additional requirements on the handling of personal information. These requirements include rights for consumers to access, delete, and opt-out of the sale of their personal information. These rights may not be fully addressed by the LinkedIn Privacy Policy.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&part=4.&lawCode=CIV&title=1.81.5" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "New York SHIELD Act, N.Y. Gen. Bus. Law § 899-aa", | |
| "conflict": "The clause may not comply with state-specific data breach notification laws that require timely notification to affected individuals.", | |
| "relevance": "The New York SHIELD Act requires timely notification to affected individuals in the event of a data breach, which may not be explicitly covered by the LinkedIn Privacy Policy.", | |
| "url": "https://www.nysenate.gov/legislation/laws/GBS/899-AA" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "3. Title", | |
| "analysis": [ | |
| { | |
| "clause": "Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with LinkedIn. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "17 U.S.C. § 1201 - Circumvention of copyright protection systems", | |
| "conflict": "The clause asserts that no other rights are granted, whether express or implied, which may conflict with certain provisions of the Digital Millennium Copyright Act (DMCA).", | |
| "relevance": "17 U.S.C. § 1201 prohibits the circumvention of technological measures that control access to copyrighted works. However, the EULA's clause implies that no other rights are granted, which could be interpreted as restricting users from engaging in activities that might be permissible under the DMCA, such as fair use or reverse engineering for interoperability.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title17/chapter12&edition=prelim" | |
| }, | |
| { | |
| "law": "17 U.S.C. § 109 - Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord", | |
| "conflict": "The clause's assertion of no implied rights may conflict with the First Sale Doctrine under the Copyright Act.", | |
| "relevance": "According to 17 U.S.C. § 109, the owner of a lawfully made copy is allowed to sell or otherwise dispose of that copy without needing the authority of the copyright owner. However, a clause in the End User License Agreement (EULA) stating that no other rights are granted, whether express or implied, could be interpreted as an attempt to override the First Sale Doctrine, which is a statutory right.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title17/chapter1&edition=prelim" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq.", | |
| "conflict": "The clause restricts implied rights, which may conflict with state laws that protect consumer rights and fair use.", | |
| "relevance": "The California Consumer Privacy Act (CCPA) provides consumers with rights to access, delete, and control their personal information. However, the End User License Agreement (EULA) may restrict implied rights, potentially conflicting with the CCPA's provisions that grant consumers certain rights over their data, which could be considered an implied right.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&part=4.&lawCode=CIV&title=1.81.5" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "New York General Business Law § 349", | |
| "conflict": "The clause's restriction on implied rights may conflict with state laws that protect fair use and consumer rights.", | |
| "relevance": "New York General Business Law § 349 prohibits deceptive acts and practices in the conduct of any business, trade, or commerce. The EULA's restriction on implied rights could be seen as a deceptive practice if it misleads consumers about their rights under state law.", | |
| "url": "https://www.nysenate.gov/legislation/laws/GBS/349" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "11. Limitation of Liability", | |
| "analysis": [ | |
| { | |
| "clause": "YOU EXPRESSLY UNDERSTAND AND AGREE THAT LINKEDIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINKEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL LINKEDIN'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO LINKEDIN. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312", | |
| "conflict": "The clause attempts to limit liability for indirect, incidental, special, consequential, or exemplary damages, which may conflict with certain consumer protection laws that prohibit such limitations.", | |
| "relevance": "The Magnuson-Moss Warranty Act prohibits limitations on implied warranties and certain disclaimers of liability. The clause's attempt to limit liability for various types of damages may be seen as a disclaimer that is prohibited under the Magnuson-Moss Warranty Act, which aims to protect consumers from unfair warranty practices.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter50&edition=prelim" | |
| }, | |
| { | |
| "law": "Uniform Commercial Code (UCC) § 2-719", | |
| "conflict": "The clause's limitations on liability may conflict with state laws that do not allow such limitations, particularly in cases involving consumer transactions.", | |
| "relevance": "UCC § 2-719 restricts the ability to limit or exclude consequential damages if such limitations are unconscionable. The clause's broad limitations on liability for consequential damages may be deemed unconscionable under UCC § 2-719, especially in consumer transactions, thereby rendering such limitations unenforceable.", | |
| "url": "https://www.law.cornell.edu/ucc/2/2-719" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "Cal. Civ. Code § 1668", | |
| "conflict": "The clause limits LinkedIn's liability for indirect, incidental, special, consequential, or exemplary damages, which may not be enforceable in certain jurisdictions.", | |
| "relevance": "California Civil Code Section 1668 prohibits contracts that exempt anyone from responsibility for their own fraud, willful injury to the person or property of another, or violation of law, whether willful or negligent. The clause in question attempts to limit LinkedIn's liability for various types of damages, which may include those resulting from willful or negligent acts. This is directly prohibited by California Civil Code Section 1668.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1668&lawCode=CIV" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "N.Y. Gen. Oblig. Law § 5-322.1", | |
| "conflict": "The clause limits LinkedIn's liability for incidental or consequential damages, which may not be enforceable in certain jurisdictions.", | |
| "relevance": "N.Y. Gen. Oblig. Law § 5-322.1 renders void and unenforceable any agreement that purports to exempt a party from liability for damages caused by their own negligence. The clause attempts to limit LinkedIn's liability for various types of damages, including those that may arise from LinkedIn's own negligence. This is directly prohibited by N.Y. Gen. Oblig. Law § 5-322.1.", | |
| "url": "https://www.nysenate.gov/legislation/laws/GOB/5-322.1" | |
| }, | |
| { | |
| "state": "Texas", | |
| "law": "Tex. Bus. & Com. Code § 2.719(c)", | |
| "conflict": "The clause limits LinkedIn's liability for incidental or consequential damages, which may not be enforceable in certain jurisdictions.", | |
| "relevance": "Tex. Bus. & Com. Code § 2.719(c) states that consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. The clause attempts to limit LinkedIn's liability for consequential damages. However, if such a limitation is deemed unconscionable, it would not be enforceable under Tex. Bus. & Com. Code § 2.719(c).", | |
| "url": "https://statutes.capitol.texas.gov/Docs/BC/htm/BC.2.htm#2.719" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| { | |
| "section_header": "4. Restrictions", | |
| "analysis": [ | |
| { | |
| "clause": "You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030", | |
| "conflict": "The clause requires compliance with all applicable laws, but certain federal laws may impose restrictions that could conflict with the intended use of the software.", | |
| "relevance": "The CFAA prohibits unauthorized access to computers and networks. The clause requires users to comply with all applicable laws, including the CFAA. However, the broad and sometimes ambiguous language of the CFAA could potentially criminalize certain actions that users might not realize are illegal, thus conflicting with the intended use of the software.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter47&edition=prelim" | |
| }, | |
| { | |
| "law": "Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501â6506", | |
| "conflict": "The clause requires compliance with privacy laws, but certain federal privacy laws may impose restrictions that could conflict with the intended use of the software.", | |
| "relevance": "The Children's Online Privacy Protection Act (COPPA) imposes strict requirements on the collection of personal information from children under 13. The clause requires users to comply with all applicable privacy laws, including COPPA. However, if the software is used in a manner that inadvertently collects information from children under 13 without proper compliance, it could result in legal conflicts.", | |
| "url": "https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter91&edition=prelim" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq.", | |
| "conflict": "The clause requires compliance with all applicable laws, but this state law imposes restrictions that may conflict with the software's intended use.", | |
| "relevance": "Businesses must comply with specific consumer privacy rights and data protection requirements. However, the CCPA imposes stringent data privacy requirements that may conflict with the software's data handling practices, making it difficult for users to comply with both the software's terms and the CCPA.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&part=4.&lawCode=CIV&title=1.81.5" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "New York General Business Law § 349 - Deceptive acts and practices unlawful.", | |
| "conflict": "The clause requires compliance with all applicable laws, but this state law imposes intellectual property restrictions that may conflict with the software's usage terms.", | |
| "relevance": "Businesses are prohibited from engaging in deceptive acts or practices in the conduct of any business, trade, or commerce. If the software's terms or marketing practices are deemed deceptive under New York law, users may find themselves in violation of state law despite complying with the software's terms.", | |
| "url": "https://www.nysenate.gov/legislation/laws/GBS/349" | |
| } | |
| ] | |
| } | |
| }, | |
| { | |
| "clause": "You may not:Create derivative works based on the Software; | |
| Use the Software for any purpose other than as described herein; | |
| Copy or reproduce the Software except as described in this EULA; | |
| Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties; | |
| Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or | |
| Remove or alter any proprietary notices or marks on the Software.", | |
| "reasoning": { | |
| "potentially_conflicting_federal_laws": [ | |
| { | |
| "law": "17 U.S.C. § 1201(f) - Reverse Engineering", | |
| "conflict": "The clause prohibits reverse engineering, but certain laws allow it under specific conditions.", | |
| "relevance": "17 U.S.C. § 1201(f) permits reverse engineering for interoperability purposes. Although there is a general prohibition on reverse engineering, 17 U.S.C. § 1201(f) allows it under specific conditions, which creates a conflict.", | |
| "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section1201&num=0&edition=prelim" | |
| }, | |
| { | |
| "law": "17 U.S.C. § 107 - Limitations on exclusive rights: Fair use", | |
| "conflict": "The clause restricts the creation of derivative works, but fair use doctrine may allow it under certain circumstances.", | |
| "relevance": "17 U.S.C. § 107 allows the creation of derivative works under fair use. However, there is a potential conflict because another clause prohibits creating derivative works, but 17 U.S.C. § 107 may permit it under fair use.", | |
| "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section107&num=0&edition=prelim" | |
| } | |
| ], | |
| "potentially_conflicting_state_laws": [ | |
| { | |
| "state": "California", | |
| "law": "Cal. Civ. Code § 3426.1", | |
| "conflict": "Reverse engineering prohibition", | |
| "relevance": "California Civil Code Section 3426.1 permits reverse engineering as a lawful means of acquiring a trade secret. However, there is a conflicting clause that prohibits reverse engineering, but California law allows it under certain conditions.", | |
| "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3426.1" | |
| }, | |
| { | |
| "state": "New York", | |
| "law": "N.Y. Gen. Bus. Law § 349", | |
| "conflict": "Prohibition on creating derivative works", | |
| "relevance": "New York General Business Law Section 349 prohibits deceptive acts and practices in the conduct of any business, trade, or commerce. However, the clause's restriction on creating derivative works could be seen as overly restrictive and potentially deceptive, which may conflict with New York's consumer protection laws.", | |
| "url": "https://www.nysenate.gov/legislation/laws/GBS/349" | |
| } | |
| ] | |
| } | |
| } | |
| ] | |
| } | |
| marcfawzi |
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