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. In ML Genius, the defendant that sought to maintain access to online data prevailed. Three courts of appeals have answered “no.”
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