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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

It lost for two reasons: one grounded in contract law and the other external. First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. The First Amendment would not have helped Bright Data.

Blogging 127
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Grokking the Supreme Court’s TransUnion Decision

Technology & Marketing Law Blog

A class of plaintiffs sued the credit bureau TransUnion, alleging that they were improperly placed on a “watch list” that TransUnion offered to supplement credit reports. If “Joe Smith” was on the OFAC list, TransUnion flagged the credit reports of all Joe Smiths. The class consisted of approximately 8,000 members.

Privacy 131
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OM Weekly Digest 08/04/22

Olartemoure Blog

08/04/22 – Data Privacy. In addition, the new regulation establishes guidelines for payment initiation activities, further clarifies the rules for marketing financial services through electronic platforms and reiterates measures to protect consumers and ensures proper operation of the system. Source in Spanish.

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Pirate IPTV: Fines For Suppliers & Users as Govt. Plans Pre-Approval System

TorrentFreak

Many arrests have been reported too, not to mention anti-piracy action in the ‘ metaverse ‘, which may (or may not) yet exist. A reported 1.5 For owners of devices set for the market or even sitting at home, Anatel has just issued a reminder that illegal set-top boxes are punishable with a fine.

Cinema 90
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Generative AI: the US class action against Google Bard (and other AI tools) for web scraping

Kluwer Copyright Blog

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. 2019); Worldwide Church of God vs Phila.

Fair Use 134
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[Guest Post] UK House of Lords Inquiry into Large Language Models

The IPKat

This report is provided by Aiswarya Deepa Padmakumar , Simon Parayemkuzhiyil Abraham , and Aashish Murali Krishnan who attended the session and are students of mine pursuing their Masters in Law at Brunel University London. The principle of copyright is the same, but the context is slightly different.

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.