This Week in the “DMCA Eating Copyright Law”: Cordova v. Huneault (Guest Blog Post)
…this matters for scraping and the open web I’ve been over this before, but if 1201 liability attaches whenever a platform can point to a rotating token or interface speed…
Relitigating hiQ Labs and Scraping Through the Lens of DMCA 1201 Anti-Circumvention (Guest Blog Post)
…the web-scraping industry. For the first time, there was a court taking a public-policy stand in favor of web scraping. This was not just an instance where a court said…
AT&T Blocks T-Mobile’s Data Portability Efforts (Guest Blog Post)
…switch, and T-Mobile, for obvious reasons, automated the process. The horror! AT&T sued, saying this was not “customer convenience.” It was unauthorized automated access and scraping of data from password-protected…
Are Robots.txt Instructions Legally Binding?–Ziff Davis v. OpenAI
…* * * This is a lawsuit over OpenAI’s automated scraping to build its ChatGPT model. Ziff Davis deployed a robots.txt file that “allegedly instructed GPTBot not to scrape Ziff…
When Does Content Moderation Trigger Direct Copyright Infringement?–LoopNet v. CREXi (Catch-up Post)
…• CoStar’s “mass-scraping” of CREXi’s website cannot support an unclean hands defense because such conduct is unrelated to the claims in this case. Despite its overall irresolute nature, CoStar got…
Reddit Challenges Anthropic’s Scraping to Create Generative AI Models (Guest Blog Post)
by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over…
A Review of the NYT v. Microsoft AI-Copyright Ruling (Guest Blog Post)
…scraping public data to create training data sets to build large language models (“LLMs”). Though Microsoft is the named defendant in the case, the real players here are the New…
Price Lists Aren’t Copyrightable–Rapaport v. Nivoda
…is an online retailer[FN] that displays how its prices are discounted compared to the Rapaport prices (see screenshot). In theory, someone could collect the Rapaport prices by scraping Nivoda’s discounts…
Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)
…to chattels, web-scraping, and data-access issues. For years, I followed the blog like everyone else because I had clients in the space, and Eric and Venkat were the only people…
Jess Miers Reflects on the Blogiversary (Part 6 of 10)
…Kieran McCarthy on the complex landscape of data scraping law) and a rich source of research material. More importantly, in an era where history risks being forgotten or rewritten, the…