Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 13, 2023
2001), the court found that: if the promise [in a contract] amounts only to a promise to refrain from reproducing, performing, distributing or displaying the work, then the contract claim is preempted. . This logic has been adopted by the Fifth, Eleventh, and Federal Circuits (and maybe the First Circuit). In Wrench Ltd. Taco Bell Corp. ,
81 
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