The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.
Allowing users to post content can raise a host of legal issues, including copyright and trademark infringement, libel/defamation, rights of publicity/privacy and false advertising. This brief snapshot will provide an overview of some of the key issues raised by engaging with UGC.
To protect ISPs that act with no direct or effective knowledge of its users' infringing activities from copyright infringement lawsuits, Congress passed the Digital Millennium Copyright Act.
Generally, in the United States, the act of linking to material that is either copyrighted or defamatory does not, on its own, carry liability. In Europe, however, the analysis has recently become significantly more complex.
The DMCA was designed to bring U.S. copyright law squarely into the digital age and to facilitate the robust development and world-wide expansion of electronic commerce, communications, research, development, and education.