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

Technology & Marketing Law Blog

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. As a result, judges have provided two landmark opinions in the last 45 days in favor of web scrapers. — My primary takeaway from this case is that it is another absolute gift to web scrapers.

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Understanding the Role of Preprints & Postprints & The Version of Record

Velocity of Content

As with my earlier post on the overall role of peer review in the scholarly and scientific publishing process, for Peer Review Week 2022 we are reposting this series and including some updated information on the topics we covered: An article in Nature Medicine suggests access to preprints might be good for patient outcomes.

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Cloudflare Defeats “Repeat Infringer” Copyright Lawsuit in US Court

TorrentFreak

With regard to Cloudflare’s CDN service, where the company cached infringing material on its servers, Judge Chhabria concludes that mere copying is not sufficient to prove material contribution. Caching is Not Infringement. This means that the infringement wouldn’t stop. IP-Address Shielding is Fine.

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Understanding the Role of Preprints & Postprints & The Version of Record

Velocity of Content

Although they were around in the old paper world —they’ve effectively been around forever — today they are typically PDFs which either the author has supplied as a courtesy to colleagues in the field, or have been (legitimately) posted to a server dedicated to the specific purpose of making them more easily discoverable. On the other hand….

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

Technology & Marketing Law Blog

The court (appropriately) generally sidesteps the viability of other claims due to the case’s litigation posture, though it intimates that “it may be that web scraping exceeding the scope of the website owner’s consent gives rise to a common law tort claim for trespass to chattels.” Those claims RARELY succeed.

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Do You Have a Lawyer Who Understands the Internet?

Traverse Legal Blog

Welcome to Traverse, where we discuss the hottest topics in Internet law. There are web hosting companies, affiliate marketers, e-commerce agreements, clickwrap agreements, and social media defamation. There are web hosting companies, affiliate marketers, e-commerce agreements, clickwrap agreements, and social media defamation.

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Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

Technology & Marketing Law Blog

Google’s search app framed the web pages users visit, and the frame included ads. Why are we revisiting this crusty old topic? Thus, the framer never interferes with the web servers. They are the electronic copies of requested web pages that reside in the web user’s device RAM.

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