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Publications

Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments (Webinar)

June 7, 2022 Webinar
Erik Olson

Erik Olson and Stephanie Skaff discuss "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments."

Web scraping has existed as long as the World Wide Web has, and as data has become the coin of the realm, data creators and aggregators have had more reason to fight with scrapers over what data is fair game and what isn’t, and so the laws pertaining to scraping have continued to evolve. Join us as we discuss the current state of the law including:

  • The impact of the U.S. Supreme Court’s decision in Van Buren v. United States and the U.S. Court of Appeals for the Ninth Circuit’s decision in hiQ Labs v. LinkedIn on claims against scraping under the Computer Fraud and Abuse Act (CFAA)
  • Other types of claims that are asserted in data scraping lawsuits
  • Tips for platform companies looking to limit scraping and scraping companies looking to limit risk

Firm Highlights

News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

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News

Farella Braun + Martel Earns 2024 Best Law Firms® Rankings

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Publication

It Wasn’t Me, It Was the AI: Intellectual Property and Data Privacy Concerns With Nonprofits’ Use of Artificial Intelligence Systems

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

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Publication

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd. , Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...

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Publication

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools...

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News

Winston Liaw Named a Leadership Council on Legal Diversity Fellow

Northern California legal powerhouse Farella Braun + Martel is proud to announce that Winston Liaw has been named a Leadership Council on Legal Diversity (LCLD) Fellow for 2024. Winston joins a select group of...

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News

JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'

Intellectual property practice chair Eugene Mar provided expert commentary to American Banker for the article "JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'." In the article, he said: "By filing this as a trade...

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Publication

Will the Supreme Court Limit Copyright Damages? Implications of Warner Chappell Music, Inc. et al. v. Sherman Nealy et al.

The U.S. Supreme Court heard oral arguments in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al. (Case No. 22-1078) on February 21, 2024. On the surface, the case presents the opportunity...

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Publication

Thomson Reuters v. Ross Intelligence: AI Copyright Law and Fair Use on Trial

On Sept. 25, 2023, Judge Stephanos Bibas (sitting by designation in the District of Delaware), determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate...

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Publication

Hsu Untied Interview With Dan Callaway

Dan Callaway, a partner specializing in intellectual property litigation, was a guest on Hsu Untied , an award-winning podcast hosted and produced by Richard Hsu featuring entrepreneurs, venture capitalists, best-selling authors, and more.  During...

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