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European Data Protection Roundup – Q4 2024

Debevoise Data Blog

Data Protection Authority powers: The European Court of Justice (CJEU) has ruled that Data Protection Authorities are not obliged to exercise corrective powers in the event of a breach. This includes products such as software, webcams and smart TVs. The German courts referred the interpretation of GDPR to the CJEU.

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Can You Practice Law in Multiple States? What Lawyers Should Know

Rocket Matter

Learn how big tech has changed the legal industry Free Guide The Small Firms Guide to Big Tech While any change in how you operate your law office can feel overwhelming, theres never been a better time to start migrating your office structures online. Get free e-book Law licenses in the United States are regulated at the state level.

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Court Says No Human Author, No Copyright (but Human Authorship of GenAI Outputs Remains Uncertain) (Guest Blog Post)

Eric Goldman

district court granted summary judgment for the Copyright Office in Thaler v. The much harder question of “how much human input is necessary to qualify the user of an AI system as the ‘author’ of a generated work” was not before the court. Take the software industry. The District Court’s Reading of the Supreme Court.

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Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

Eric Goldman

It was an audaciously mockable pivot…and yet, the district court judge shockingly bought the argument. Unfortunately, the court expresses this intuitively obvious result in a baroque, technical, and inaccessible opinion. The district court said the “website” was the chattel. ” That’s true.

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

Eric Goldman

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels

Eric Goldman

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. There are hundreds of pixel lawsuits in the courts right now (and surely more to come after a ruling like this). Note: the court cites Facebook v.

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Berkeley Technology Law Journal Podcast: Regulating IP in the Metaverse with Professor Molly Van Houweling

Berkley Technology Law Journal

The software that underlies them might be protectable through copyright. And it’s not entirely clear yet whether courts will consistently enforce, as a writing, something as easy to do as click “I agree,” for example. And of course, if there are new goods and services, they might be protectable by trademark.