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[Guest Post] Who owns the copyright to Nigeria’s “new” national anthem?

The IPKat

Is the national anthem in the public domain? Additionally, if the anthem is in the public domain, it can be freely used without legal constraints. At any rate, if “His Majesty”/the then new Nigerian government was deemed the owner of work in 1959, it would have entered the public domain in 2009—i.e.,

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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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Rochem v. Nirtech – Analysing the Claim of Breach of Confidential Information

SpicyIP

However, it is commonly accepted that for information to be construed as confidential, the said data must possess the requisite element of confidence, must have some commercial value and cannot be in the public domain. Additionally, reasonable measures need to be taken to maintain this confidentiality.

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The unbearable lightness of trade secrets and public tenders

The IPKat

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.

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Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.”