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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

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. 2009) (holding that a contract was not preempted by copyright). Three courts of appeals have answered “no.” 634 F.Supp.2d

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Trademark Extraterritoriality: Abitron v. Hetronic Doesn’t Go the Distance (Guest Blog Post)

Eric Goldman

Abitron garnered far less attention than did other intellectual property (IP) cases argued this term, including Jack Daniels Products, Inc. Despite a partially harmonized international intellectual property system, IP laws are fundamentally territorial. VIP Products LLC (covered in this excellent post by Lisa Ramsey ).

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