AI, Artificial Intelligence, Privacy Law, Automated Decision-Making Technology, Copyright, IP
11 Tasks to Do Today to Prepare for the Use of AI in Your Business
By Rosanne Yang & Dhara Shah on February 16, 2023
User-Generated Content, Licensing, Copyright, D&D
Roll for Initiative: A Brand vs. Its Impassioned Community and Their User Generated Content
By Rosanne Yang on January 18, 2023
trademark, copyright, Right of Publicity, Drake, Laugh Now Cry Later
Drake & 21 Savage Sued by Condé Nast over Fake Vogue Issue
By Benjamin Stein on November 10, 2022
Remember: It is Time to Update Your DMCA Filing.
By Benjamin Stein on November 29, 2017
Re-file Your DMCA Agent Designation Starting Dec. 1st
By Benjamin Stein on November 27, 2016
byod, confidentiality, employee privacy, privacy, social media, workplace
Live-Streaming Apps; What We Aren't Talking About
By Jamie Rubin on June 09, 2015
copyright
Ultra Records Sues YouTube Beauty Guru Michelle Phan
By Benjamin Stein on August 07, 2014
Aereo, Cloud, copyright, direct infringement, innovation
Is the Supreme Court’s Aereo Decision a Setback for Cloud Innovation?
By InfoLawGroup LLP on June 28, 2014
agreements, contracts, copyright, work made for hire
Effective Work For Hire Arrangements in Technology Agreements Require Attention to Detail
By InfoLawGroup LLP on February 10, 2014
copyright, fair use, Google
What the Google Book Search Fair Use Decision Means For Innovators
By InfoLawGroup LLP on November 13, 2013
copyright, infringement, trade dress, web design
Competitor That Copied Website Design and Content May Be Liable For Infringement
By InfoLawGroup LLP on August 30, 2013
contracts, copyright, infringement, integration clause, licensing, software
Sometimes an EULA That Says it is the “Entire Agreement” is Not Really the Entire Agreement
By InfoLawGroup LLP on August 17, 2013
actual damages, compulsory license, Contributory infringement, copyright, copyright infringement, direct infringement, mechanical license, music license, music licensing, statutory damages, streaming music, the Copyright Act, vicarious infringement, voluntary license
Streaming Music Royalties: Is It Time to Pay the Piper?
By InfoLawGroup LLP on August 14, 2013
copyright, infringement, linking
Does Linking to Content Infringe Copyright?
By InfoLawGroup LLP on August 09, 2013
BitTorrent, copyright, infringement, joinder, litigation
Court Dismisses BitTorrent Defendants Wrongly Joined in Copyright Infringement Action
By InfoLawGroup LLP on August 03, 2013
assignment, copyright, development agreements, technology agreements
Court Decision Shows Why Copyright Assignments Should Be Precisely Worded
By InfoLawGroup LLP on January 10, 2013
conditions, DMCA, Rich Santalesa, software licenses
Ninth Circuit Highlights the Importance of Well-Drafted Software Licenses and Terms of Use
By InfoLawGroup LLP on December 20, 2010
The Ninth Circuit's recent analysis in MDY v Blizzard Entertainment examined contributory/vicarious ("secondary infringement") copyright issues, the "essential step" defense, the important and often highly disputed contractual covenant versus copyright license issue, and last, but certainly not least, the DMCA's role. I recommend you read the full opinion to gain the complete picture, but for this post we'll be focusing on the copyright covenant vs. copyright license issues and touching on the DMCA's role.
anti-circumvention, CAPTCHA, CFAA, computer fraud and abuse act, copyright, Digital Millenium Copyright Act, DMCA, scraping
CAPTCHA. DMCA GOTCHA?
By InfoLawGroup LLP on October 20, 2010
As of late there has been a great deal of news and discussion concerning "web scraping." Web scraping is the practice of using computer software to extract information from a website. In short, a wealth of information exists on the Internet and companies of all stripes are interested in collecting it from websites, compiling and combining it, and using it to further their business.Scraping raises a multitude of legal issues, including issues related to privacy and security intellectual property, and laws concerning unauthorized access to computers and trespass to chattels (in fact, the overlapping issues raised by scraping represent a very good example of what we call "information law"). Many companies attempt to stop scraping of their websites from occurring in the first instance. This can be achieved by implementing technologies such as CAPTCHA (which are becoming ubiquitous) that are intended to ensure that a human is entering the website rather than a computer software program or bot. If technologies like CAPTCHA are evaded by scrapers, some websites might pursue an action under the anti-circumvention provisions of the Digital Millennium Copyright Act (the "DMCA"). The DMCA provides for potential statutory penalties and even criminal sanctions for violations of its anti-circumvention provisions. This post explores how the DMCA might be used in this context and looks at some cases addressing whether circumvention of CAPTCHA (and similar protocols) might result in violation of, and liability under, the DMCA.