Eric Goldman

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. s Terms of Service (“ToS”) when it created a new account in 2019. The ToS did not define “scraping.”

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Eric Goldman

JULY 18, 2023

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. If the contract limits any action that copyright law restricts, meaning reproduction, distribution, adaptation, or public performance or display of works within the scope of copyright, it is preempted.

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Eric Goldman

DECEMBER 13, 2023

Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. 2019 WL 3555509 (D. Taco Bell Corp. ,

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Berkley Technology Law Journal

DECEMBER 24, 2022

It could be a stolen car, a car used in a crime, or the car of someone wanted for breaking the law. That increases the government’s ability, and specifically, in many cases, law enforcement ability to watch people, to watch list people, to bring the light weight of the criminal justice system and the carceral system down on people.

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Eric Goldman

NOVEMBER 10, 2024

The court responds: “Pointing to persuasive case law, Fenix contends that Plaintiff’s allegations far well short of what is needed to overcome CDA immunity. I agree… That is true regardless of whether the allegations are viewed singly or in combination.

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