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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. He was trying to do the opposite.

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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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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws. However, there are precautionary steps a company can take to prevent unintended liabilities.

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SpicyIP Weekly Review (May 8- May 13)

SpicyIP

Other Posts World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain Delhi High Court specifies some contours of publicity rights in India! Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court.

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