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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

Chegg sent a cease-and-desist letter to Homeworkify’s domain registrar, Namecheap, its proxy server, Cloudflare, and the email address associated with domain registration, but they have found nothing. (for Power Ventures, hiQ Labs, the ill-fated Southwest cases, and all the fancy new generative AI cases broadly fit into this category.

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Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Technology & Marketing Law Blog

On January 9th, American Airlines sent TPG a cease-and-desist letter. But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Of course, Facebook objected and sent a cease-and-desist letter.

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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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Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

In the context of web scraping, the question is whether, once a web scraper gets its authorization revoked (usually via cease-and-desist letter, but often in the form of various anti-bot protections), whether any further scraping and use of a website’s data is “without authorization” within the meaning of the CFAA.

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Copyright Concerns When Using Others to Create Content

Erik K Pelton

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content.

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Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

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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.