article thumbnail

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.

Blogging 123
article thumbnail

[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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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.

article thumbnail

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. But fair use isn’t a defense to a breach of contract claim.

article thumbnail

Cheat Developer Can Pursue ‘Hacking’ Claims Against Bungie, Court Rules

TorrentFreak

They didn’t deny that the AimJunkies site offered ‘Destiny 2’ cheats in the past but rejected allegations that copyright law had been violated. Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. This attempt was more successful.

Contracts 122
article thumbnail

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. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. No amendment offered in public session.

article thumbnail

Publicity Rights Concerning Sports Athletes

IP and Legal Filings

[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.