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Web Scraping for Me, But Not for Thee (Guest Blog Post)

Eric Goldman

Some forms of data are protected by copyright, trademark, or another cognizable forms of intellectual property. But most of the data on the Internet isn’t easily protectible as intellectual property by those who might have an incentive to protect it. For example, in just the last few weeks, Twitter/X Corp.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 882 (2006).

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

The Road Not Taken At this point, no lawsuit had been filed; and the dispute probably could have been, and certainly should have been, easily resolved. In April 2017, it filed a lawsuit against Goldsmith and her agency (now known as Lynn Goldsmith, Ltd., 388, 392-93 (2006). Copyright Office. at 1978-79 (the Raging Bull case).

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2023 Internet Law Year-in-Review

Eric Goldman

Thousands of SAD Scheme lawsuits have been filed because the TROs take the online merchant off the marketplace entirely and usually extract some cash. 4) Social media “defective design” lawsuits go forward. If so, as I predicted in 2019 , the UK Online Safety Act will accelerate the end of Web 2.0

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