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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. The case law in the Ninth Circuit — the other appellate circuit central to developing copyright law, especially regarding new technologies — seems to support the Seventh Circuit’s majority approach.

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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. were web scraping cases. Verio, Inc.

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Berkeley Technology Law Journal Podcast: Automated License Plate Readers with ACLU Attorney Matt Cagle

Berkley Technology Law Journal

That increases the government’s ability, and specifically, in many cases, law enforcement ability to watch people, to watch list people, to bring the light weight of the criminal justice system and the carceral system down on people. And with that comes power, right? And so this is a huge problem.

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Section 230 Immunizes OnlyFans for User-Uploaded Video–Doe v. Fenix

Eric Goldman

The court responds: “Pointing to persuasive case law, Fenix contends that Plaintiff’s allegations far well short of what is needed to overcome CDA immunity. Thus, this lawsuit implicates Section 230’s extraterritorial application, but the court didn’t address this issue.

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