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Apr 2022

Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedIn  

Grayson Clary, Gillian Vernick and Gabe Rottman

The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.

Jan 2018

User Generated Content: Snapshot of Legal Issues

Mark Lerner

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.

Jan 2018

Extent of ISPS’ Duties to Prevent Infringement (DMCA §512(I))

John C. Greiner

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.

Jan 2018

Link Liability – An EU/US Comparison and Guide

Edward Klaris & Alexia Bedat

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.

Jan 2015

A Brief Description of the Digital Millennium Copyright Act

E. Leonard Rubin and Joseph B. Teig

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.