Remove Blog Remove Contracts Remove Licensing Remove Public Domain
article thumbnail

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. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

article thumbnail

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. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Technology & Marketing Law Blog

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

article thumbnail

IP Licensing for Business Companies & Organizations – How to Do it Right?

Kashishipr

Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Understanding the IP License. Creating the IP Licensing Agreement.

article thumbnail

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

article thumbnail

Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Copyright: WIPO.

article thumbnail

Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

A still-new form of IP that has gained recognition in the past two decades is trade secrets, which we shall be discussing here in this blog. In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. For more visit: [link].