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

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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 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.

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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. 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.

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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. Valid Transfer of Rights?

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Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. No amendment offered in public session. No amendment offered in public session. But the present draft clearly reaches such content. [2]

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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. The post Trade Secrets in Intellectual Property Rights (IPRs) appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. For more visit: [link].

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When Hollywood Flies Too Close to the Sun: The ‘Top Gun’ Publicity Rights Battle

LexBlog IP

That his cherished likeness as Wolfman was used without clearance in the 2022 hit sequel ‘Top Gun: Maverick’ Tubb’s argument landed squarely on the studio’s runway, by citing that the original contract’s ink didn’t extend to future flybys in sequels unimagined at the time.