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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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Four Tips for Writing Legal Blog Posts that People Will Actually Read

Attorney at Work

Legal blog posts follow one of three formats: the case law breakdown, evergreen analysis or future forecast. Here’s how to write a well-structured case law breakdown post. Many legal blog posts are easy to ignore. Want to write better blog posts? Let’s face it. Use an Appealing Structure.

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

Eric Goldman

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof.

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

Eric Goldman

There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. Until recently, the Sixth Circuit was the most prominent court that endorsed this approach. However, it was sometimes not as clear as the case law of other circuits.

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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. Three courts of appeals have answered “no.” ” National Car Rental System, Inc.

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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

Unlike most of the CCB cases to date, this case involves Section 512(f), the DMCA cause of action for bogus takedown notices. Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. The CCB filing cost is about $300 less than federal court. Here’s the odd part.

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No, Virginia, The Robot Lawyers Are Not Coming.

Future Lawyer

First, ChatGPT and generative AI is not going to become the brain of a robot lawyer, dressed up in a suit and tie, that will accompany you to Court. Could The FutureLawyer Blog Be Written By An Artificial Intelligence Bot? A New Blog By Kevin O'Keefe - AIInPublishing.   Related Stories Sorry, Google.

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