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

Technology & Marketing Law Blog

And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. 2022) (hereinafter “hiQ 2022 district opinion) (defining “scraping” as “a process of extracting information from a website using automated means”). 4 (9th Cir.

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

Technology & Marketing Law Blog

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law.

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

By this point, in addition to the information known to Defendant after the May DMCA Takedown Notice, Defendant knew that Plaintiff’s Amazon listing had been reinstated three times. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. What changed by November 19, 2018?

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. In the US, privacy laws are generally driven by state law, but there may be applicable federal law depending on the nature of the information collected.

IP 98
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2023 IP Resolutions Start with a Review of IP Assets

LexBlog IP

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. In the US, privacy laws are generally driven by state law, but there may be applicable federal law depending on the nature of the information collected.

IP 52
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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

The standard likelihood of confusion analysis may not adequately protect the First Amendment rights of an entity or person that uses language as a mark in a way that communicates the primary dictionary meaning of the words, or some other informational or expressive message unrelated to the party complaining about a trademark violation.

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