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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 copyright – contract 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). by guest blogger Prof. Guy Rub , The Ohio State University Michael E.

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Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

We write to inform those wary of the potential for a new sweeping WIPO Internet treaty to take note. 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.

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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. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

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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. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

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Copyright implications of Augmented Reality for cultural goods – Part 1

Kluwer Copyright Blog

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. Markers are visual cues triggering the display of the virtual information; they are real-world objects or part of them. i) Public domain works. The cloud hosts databases.

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Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

The North American Free Trade Agreement defines a trade secret as “Information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” Information Protected by a Trade Secret .

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The unbearable lightness of trade secrets and public tenders

The IPKat

In this case, the nuance is expressed in the context of the balance between the ‘right of information’ of the participants to a public tender and the possible presence of ‘trade secrets’ in the bidding documentation. Based on this, the request for access to the documentation was denied by the contracting authority.