News & Analysis as of

Web Scraping Copyright

Proskauer - New Media & Technology

Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – China looking to set global AI standards, reconstruction of ancient writings, growth of AI summarization, and...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

ArentFox Schiff

Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law

ArentFox Schiff on

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more

Sheppard Mullin Richter & Hampton LLP

Court to Decide Whether AI-scraped Job Database Is Subject to Copyright Protection and Is Infringed?

A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?...more

MoFo Tech

AI Trends For 2024 - EU Copyright Law: AI Act On The Home Stretch

MoFo Tech on

Generative artificial intelligence (“GenAI”) challenges EU copyright law, from the AI training to the protectability and liability risks of its output. The EU’s forthcoming AI Act takes first steps towards AI-specific...more

Proskauer - New Media & Technology

Another Web Scraping Dispute Focused on Travel Data

In a recent post, we recounted the myriad of issues raised by recently-filed data scraping suits involving job listings, company reviews and employment data.  Soon after, another interesting scraping suit was filed, this time...more

Proskauer - New Media & Technology

Help Wanted: Site Owner Brings New Scraping Suits Focused on Job Posting and Employment Data

In recent years there has been a great demand for information about job listings, company reviews and employment data.   Recruiters, consultants, analysts and employment-related service providers, amongst others, are...more

Morrison & Foerster LLP

EU AI Act: The World’s First Comprehensive AI Regulation Is About to Be Finalized – What It Entails and What It Means for...

Draft AI Act – What Happened So Far: Back in April 2021, the European Commission provided a draft regulation laying down harmonized rules on artificial intelligence (AI Act) aimed at safeguarding fundamental EU rights and...more

Wiley Rein LLP

AI and Copyright Law: Understanding the Challenges

Wiley Rein LLP on

Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent...more

Weintraub Tobin

The Briefing by the IP Law Blog: Getty Images Sues Stability AI for Copyright Infringement

Weintraub Tobin on

Getty Images filed a lawsuit against startup tech company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent. Scott Hervey and Josh Escovedo discuss this case on...more

Weintraub Tobin

Getty Images Sues Stability AI for Copyright Infringement

Weintraub Tobin on

Getty Images, a global visual content creator and leading source for visual content, has filed a lawsuit against startup technology company Stability AI for allegedly scraping more than 12 million photographs from Getty...more

Warner Norcross + Judd

Relying on AI-Generated Text and Images? You May Be Building Your Copyright House on Sand

Warner Norcross + Judd on

A February 21, 2023, decision by the U.S. Copyright Office has given all creators and companies reason to think twice before jumping on the generative AI bandwagon. Over the past six months, the world has been fascinated by...more

Fenwick & West LLP

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

Fenwick & West LLP on

In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer...more

Spirit Legal

Textgenerator – urheber- und medienrechtliche Fragen

Spirit Legal on

Rechtsanwalt Dr. Jonas Kahl und der Jurist Hans-Christian Gräfe haben im Rahmen der Digitalen Herbstakademie 2020 der DSRI (Deutsche Stiftung für Recht und Informatik) zum Thema „Textgenerator - Medien- und urheberrechtliche...more

White & Case LLP

Don’t worry – it’s publicly available on the internet!

White & Case LLP on

Due diligence considerations with respect to licensing data and acquiring data-dependent businesses. In the relentless pursuit of the competitive advantages that arise from efficiency and speed, companies are increasingly...more

Proskauer - New Media & Technology

Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots

In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court...more

BCLP

Retailers Should Consider Potential Rewards and Risks of Using APIs

BCLP on

Application programming interfaces, or “APIs,” have become a critical part of ecommerce, and retailers are increasingly finding new and creative ways to use APIs to enhance their offerings and their business. For example,...more

Proskauer - New Media & Technology

Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider. The case is particularly important as it addresses the common practice...more

Morrison & Foerster LLP - Social Media

2018: Predictions From Socially Aware’s Editors and Contributors

Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and...more

Proskauer - New Media & Technology

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial...more

Morrison & Foerster LLP - Social Media

Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts, at least for now....more

Morrison & Foerster LLP - Social Media

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

Morrison & Foerster LLP - Social Media

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

Morrison & Foerster LLP - Social Media

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in...more

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