News & Analysis as of

Web Scraping Copyright Infringement

Sheppard Mullin Richter & Hampton LLP

Court Dismisses AI Scraping Claim, But Grants Leave to Amend

We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Potential cap on AI chip exports, New York Times’ cease and desist letter to Perplexity, high school student...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Morrison & Foerster LLP

To Scrape or Not to Scrape? First Court Decision on the EU Copyright Exception for Text and Data Mining in Germany

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – China looking to set global AI standards, reconstruction of ancient writings, growth of AI summarization, and...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

ArentFox Schiff

Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law

ArentFox Schiff on

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many...more

Sheppard Mullin Richter & Hampton LLP

Court to Decide Whether AI-scraped Job Database Is Subject to Copyright Protection and Is Infringed?

A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?...more

ArentFox Schiff

Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

ArentFox Schiff on

In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more

Wiley Rein LLP

AI and Copyright Law: Understanding the Challenges

Wiley Rein LLP on

Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent...more

Weintraub Tobin

The Briefing by the IP Law Blog: Getty Images Sues Stability AI for Copyright Infringement

Weintraub Tobin on

Getty Images filed a lawsuit against startup tech company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent. Scott Hervey and Josh Escovedo discuss this case on...more

Weintraub Tobin

Getty Images Sues Stability AI for Copyright Infringement

Weintraub Tobin on

Getty Images, a global visual content creator and leading source for visual content, has filed a lawsuit against startup technology company Stability AI for allegedly scraping more than 12 million photographs from Getty...more

Fenwick & West LLP

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

Fenwick & West LLP on

In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Southwest Leverages the Lanham Act Against Alleged Scraper of Website Fares

Website operators can consider a host of potential legal claims against entities that scrape their sites’ content without authorization, such as breach of a well-crafted terms of service agreement, copyright infringement,...more

Proskauer - New Media & Technology

Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots

In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court...more

Proskauer - New Media & Technology

Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider. The case is particularly important as it addresses the common practice...more

Proskauer - New Media & Technology

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial...more

Sheppard Mullin Richter & Hampton LLP

LinkedIn Has Beef With Data Scraping Bots

Linkedin has filed a lawsuit to prevent unauthorized use of “bots” that register fake profiles on the social network and steal data about actual users. According to the suit, these acts constitute a breach of Linkedin’s terms...more

Morrison & Foerster LLP - Social Media

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

Morrison & Foerster LLP - Social Media

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in...more

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