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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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Distinguish “Smart Contract” From Abstract Idea To Pass Blockchain Patentability Scrutiny

Intellectual Property Law Blog

Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. The Situation. Kappas , 561, U.S.

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Will Supreme Court Consider Whether to Allow an Alternative to In-App Purchasing on the App Store?

Intellectual Property Law Blog

Epic also filed a separate petition requesting Supreme Court review of the lower court’s rejection of certain antitrust claims, but this blog only discusses the petition filed by Apple.) and upheld on appeal by the Ninth Circuit Court of Appeals. Given that Apple, not the individual app developers, insisted that all U.S.

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AI Technology – Governance and Risk Management: Why Your Employee Policies and Third-Party Contracts Should be Updated

Intellectual Property Law Blog

Use of AI technology can impact your rights and liabilities in ways that may not even occur to you. And whether you are aware of it or not, your employees and vendors may be using generative AI tools in the performance of their duties in ways that can significantly impact you.

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[Sponsored] CIIPC, NLU Delhi Invites Applications for the Position of Research Programme Coordinator (Apply by August 12)

SpicyIP

Supervising communication strategy of the programme’s work and activities to various audiences through reports, outreach materials, social media, updates for newsletters, blogs, and websites etc. Expected Skills Specialised knowledge of intellectual property law and other allied areas of law (viz.,

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Powering the Future: Insights on Energy Innovation from a Semester at Alectra (IP Intensive Reflection)

IPilogue

Egin Kongoli is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. When I was first assigned a utility provider as my placement for the Intellectual Property Law and Technology Intensive, I thought, “What does providing electricity have to do with intellectual property?”

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