Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 13, 2023
2009) (holding that a contract was not preempted by copyright). If content or data is not kept beneath a log-in (and thus entitled to protection via the CFAA and most state computer-trespass laws), it should be protectible only insofar as it is subject to existing intellectual property laws. (To 634 F.Supp.2d
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