Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 13, 2023
The Second Circuit now takes “a restrictive view” of the extra elements that would make a contract claim qualitatively different from copyright, and therefore not subject to preemption. “[W]e Thomson Reuters sued for both copyright infringement and tortious interference with a contract (in inducing a third party to breach Westlaw’s terms).
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