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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Technology & Marketing Law Blog

Moritz College of Law The copyrightcontract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

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European Copyright Society letter to Commissioner Breton on a future agenda in the field of copyright law

Kluwer Copyright Blog

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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Article 17 DSM Directive: the Swedish proposal (Part 2)

Kluwer Copyright Blog

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. But there is more. 79, the BBS case ).

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Implementing Article 15 of the CDSMD into the Greek legal order: “creative” or further confirmation of the EU press market’s fragmentation?

Kluwer Copyright Blog

Introductory remarks The Greek legislator transposed Directive (EU) 2019/790 (CDSMD) with considerable delay, enacting L. 4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 43bis I.aut.,

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A Look Back at India’s Top IP Developments of 2021

SpicyIP

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. Top 10 Judgments/Orders [Jurisprudence/Legal Lucidity]. Hero Electric Vehicles Private Ltd v.

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