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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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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. and commercial info, including the list of clients and suppliers, distribution methods, marketing strategies, etc. For more visit: [link].

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A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

If the work was published without proper copyright notice, the work entered the public domain. Effective January 1, 1978, the date of federal copyright protection was moved back from the date of first publication to the date the work was “fixed in a tangible medium of expression,” or permanently recorded in some form. .”

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

Addressing Factor 4, it asserted there was little or no market harm, because “time-shifting merely enables a viewer to see … a work which he had been invited to witness in its entirety free of charge.” ( Id. As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication.