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Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Technology & Marketing Law Blog

Chegg sent a cease-and-desist letter to Homeworkify’s domain registrar, Namecheap, its proxy server, Cloudflare, and the email address associated with domain registration, but they have found nothing. (for When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked.

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TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

Technology & Marketing Law Blog

It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. In addition, Southwest sent Kiwi several cease and desist letters. Kiwi appeared first on Technology & Marketing Law Blog.

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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all?

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Computer and Internet Weekly Updates for 2020-05-02

Barry Sookman

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v. link] 2020-04-30 How the Coronavirus Could Turn the U.S.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? Google changed its privacy policy to collect all “public” data (viz.,

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Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

There is the famous example of NYU data researchers who received a cease-and-desist letter from Facebook/Meta for doing research on Facebook’s algorithm. The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

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