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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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The State of State Law Cybersecurity Requirements

Debevoise Data Blog

What is less known is that many of these states also impose substantive cybersecurity requirements. In this Debevoise Data Blog post, we examine the general cybersecurity obligations under state law, including common themes and recent developments. Since then, approximately 23 states and Washington, D.C.

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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. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. ML Genius v. This leaves us with a rather deep split of authorities.

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Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

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Web Scraping for Me, But Not for Thee (Guest Blog Post)

Eric Goldman

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. — But regardless of what you and I think about this legal regime, that is the current state of the law.

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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. But normative judgments aside, ProCD v.

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Ripoff Report Gets a Pricey Lesson on Section 230–Selker v. Xcentric

Eric Goldman

I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018 ?). Section 230 Ripoff Report claimed that removal was justified because Section 230 completely preempted the state law claims. Xcentric appeared first on Technology & Marketing Law Blog.