Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Eric Goldman
DECEMBER 13, 2023
It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. E]lements such as awareness or intent” do not save a claim from preemption because they “alter the action’s scope but not its nature.”
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