Remove 2022 Remove Case law Remove State law
article thumbnail

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

Eric Goldman

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. 2022) (hereinafter “hiQ 2022 Circuit opinion”); see also hiQ Labs, Inc. hiQ Labs, Inc. LinkedIn Corp. ,

Court 102
article thumbnail

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

18-cv-2022 WL 972401 (D. 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In re Pork Antitrust Litig. , Link to District Circuit Decision

Court 52
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

18-cv-2022 WL 972401 (D. 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In re Pork Antitrust Litig. , Link to District Circuit Decision

Court 52
article thumbnail

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Eric Goldman

That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. In December 2022, the Supreme Court invited the U.S.

Court 96
article thumbnail

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

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. Google case from 2022.

Judge 87
article thumbnail

Recent UW Law Faculty Scholarship: Unpacking State Legislative Vetoes; How to Break Up Amazon; Specialist Directors; Mandatory Equity Issuances as a First-Best Solution to Punishing Corporate Misconduct

Wisblawg

Evaluating the significance, legality, and desirability of legislative vetoes must start with an understanding of the existing legal landscape, including the wide array of state law provisions and court decisions across the country. First, the Article presents evidence on the scope and magnitude of the changes in board expertise.

article thumbnail

European Data Protection Roundup – November 2023

Debevoise Data Blog

This guidance, which draws on the GDPR as well as national and EU case law, contains relevant advice for using AI in the healthcare space more broadly. For further discussion on the principle of “security by design”, see our previous blog post. The Italian Garante published guidance on the use of AI in the healthcare sector.