Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 13, 2023
And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.
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