Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 13, 2023
At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.
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