Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Technology & Marketing Law Blog
DECEMBER 13, 2023
And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. The whole point of copyright preemption is that Congress sought to prevent states from infringing on the public domain and undermining key concepts of copyright law.
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