article thumbnail

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. As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. In November 2023, X corp.

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Miramax Sues Tarantino for Copyright Infringement Over “Pulp Fiction” NFT Sale

TorrentFreak

Movie studio Miramax, which owns most of the rights to the film, sees it as a contract breach and copyright infringement. Earlier this month Miramax sent a cease and desist notice to Tarantino urging him to halt the upcoming sale. ” As such, the sale is still scheduled to go through next month.

article thumbnail

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all?

article thumbnail

Hollywood Wins Injunction To Shut Down Pirate IPTV Operations, Disable Domain Names

TorrentFreak

Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). They also allege a breach of contract in respect of the settlement agreement while demanding an injunction to restrain Tusa moving forward.

article thumbnail

Role of Intellectual Property in Entertainment Industry

IIPRD

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

article thumbnail

Are Your Publicity Rights Protected for the AI Surge?

Traverse Legal Blog

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals.