Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 13, 2023
Guy Rub, in his excellent article “ Copyright Survives: Rethinking the Copyright-Contract Conflict , ” suggested that the Ninth Circuit had adopted the ProCD v. Pilgrim Films & Television, Inc. , Zeidenberg approach. There is certainly an argument that the Ninth Circuit has adopted the logic of ProCD v. Zeidenberg.
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