Remove Business Remove Cease and Desist Remove Contracts Remove Licensing
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Copyright Concerns When Using Others to Create Content

Erik K Pelton

Because, of course, if the content is on your business’ website or social media, it’s ultimately the business that’s going to be responsible for any issues or problems or disputes. First, contracts. Make sure you have proper contracts. I want to talk about two types of issues to think about.

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Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Technology & Marketing Law Blog

Cases where someone is pilfering data and/or ripping off someone’s business wholesale, and the only question is which claims will be used to take them down. But if defendant scraped all the data before getting a cease-and-desist letter and while it still had valid access, no degree of subsequent misuse creates a CFAA claim.

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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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TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

Technology & Marketing Law Blog

It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. AcademyOne. Eventbrite. Power Ventures.

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Role of Intellectual Property in Entertainment Industry

IIPRD

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

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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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Enforcing Your Intellectual Property Rights: All You Need To Know

Larson & Larson

However, you can stop infringement through the following: Use a Cease and Desist Letter. A lawyer can help you draft and send a cease and desist letter. The purpose of this document is to notify the other party that a conflict between your IP rights and their business activity exists. Bottom Line.