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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well.

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[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

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EU copyright law round up – fourth trimester of 2023

Kluwer Copyright Blog

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. All in all, 2024 promises to be an exciting year for EU copyright law. Stay tuned!

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UK’s short-lived dream for a code of practice on genAI and copyright law

Kluwer Copyright Blog

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. Wide industry and public consultations of this kind have also been carried out by the US Copyright Office since the Spring of 2023.

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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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Getting paid to play? Copyright, contract, and the rewards for UGC

Kluwer Copyright Blog

Likewise, limited copyright exceptions don’t accommodate for this broadly construed ‘use’ of a work. Resultingly, this UGC, from the perspective of black-letter copyright law, gives a rather reductive presumption of infringement, rather than enablement of this new form of cultural creativity.

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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.