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

Eric Goldman

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Eric Goldman

Furthermore, the court determined that Facebook’s survival clause did not explicitly cover scraping after the termination of Bright Data’s accounts. It lost for two reasons: one grounded in contract law and the other external. 301(a) , which preempts state laws “equivalent” to copyright. In 2022, in ML Genius v.

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Court Says No Human Author, No Copyright (but Human Authorship of GenAI Outputs Remains Uncertain) (Guest Blog Post)

Eric Goldman

district court granted summary judgment for the Copyright Office in Thaler v. copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Perlmutter , No.

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Section 230 Once Again Immunizes Google’s Search Results–Metroka v. PA Law Enforcement

Eric Goldman

In June 2022, Nadia Metroka (a Florida lawyer , apparently) was arrested in Pennsylvania. The court easily dismisses per Section 230: ICS Provider. The court easily dismisses per Section 230: ICS Provider. Numerous courts have held Google is one. This court repeatedly cites the Kabbaj case. Third-Party Content.

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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. ,

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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. ,

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

Eric Goldman

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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