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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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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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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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Copyright Evidence: 21 for 2021 (a year in review)

Kluwer Copyright Blog

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

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Copyright implications of Augmented Reality for cultural goods – Part 1

Kluwer Copyright Blog

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

Copyright 102
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If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

Though the court doesn’t have cross words for the media defendants, this apparently is another example where media publishers treated publicly available photographs as public domain photographs. However, the fact the publishers didn’t ask at all could be a defect in their rights clearance process.

Copyright 124
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Urgent requests for declaration of non infringement (DNI)? Frequently DeNIed…

The IPKat

According to the application for interim measures, the IPZS urgently needed to award the contract, but it had reason to fear that a company, Centro Grafico DG s.p.a. hereinafter 'Centro Grafico’), would claim that the product subject to the tender would infringe two of its Italian and European patents on the technology at stake.