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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

In this part 1, we tackle the first of three questions regarding the legal copyright landscape from an NFT purchaser’s perspective, as the extent to which the IP framework applies to NFTs remains uncertain. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Technology & Marketing Law Blog

Moritz College of Law The copyrightcontract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

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

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. — Of course, no state law claim is exactly the same as a copyright claim.

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Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. No amendment offered in public session. No amendment offered in public session. But the present draft clearly reaches such content. [2]

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CAFC Upholds TTAB: TEEN TINKER BELL Confusable With Disney's TINKER BELL for Dolls

The TTABlog

Barrie's Peter Pan , first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain. TTABlogger comment: I am of the view that "Tinker Bell" and other public domain character names are generic for dolls depicting the characters.

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Copyright Evidence: 21 for 2021 (a year in review)

Kluwer Copyright Blog

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.