X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)
Eric Goldman
MAY 17, 2024
First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption.
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