Intellectual Property in the World of eSports

4 04 2018

IP Watchdog

Roman Brtka
April 2, 2018

eSports is an exciting new area — not only in the sporting industry but in legal terms. There are various key players such as eGamers, game publishers, and organizers of eSports events, who are facing the challenge of sufficiently protecting their rights. Organizers need to ensure that they obtain all necessary usage rights from the game publishers and the participating eGamers, and these parties need to be aware of their possible ancillary copyrights and should take appropriate precautionary measures to protect them.

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The content in this post was found at https://www.ipwatchdog.com/2018/04/02/intellectual-property-esports/id=95245/

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Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions

4 04 2018

This is a lawsuit brought by four professors and a media organization (First Look, publisher of the Intercept). Plaintiffs study real estate, finance, and employment transactions and seek to highlight the discriminatory effects of algorithms. To do so, they create fake profiles, including profiles for minorities, and test the profiles. The court describes this as akin to testing for discrimination in the housing or loan markets. For example, plaintiffs intend to use bots to create fake profiles which then will surf real estate websites, simulating the behavior of minority groups. The plaintiffs intend to then scrape the websites to record the displayed properties. Similarly, several of the other plaintiffs intend to use bots to crawl job-seeker profiles, then create fake employer profiles so they can search for candidates and see how they are ranked. They also intend to create fake job-seeker profiles and have these fictitious job-seekers apply for fictitious jobs, to see how algorithms rank candidates. Both the professors and First Look intend to publicize their findings.

They all contend their actions leave them susceptible to the risk of prosecution under the CFAA. They brought an action for declaratory relief alleging First Amendment and Due Process Claims.

. . .

Standing: In the pre-enforcement context, a plaintiff has to establish that she has an intention to engage in conduct (1) that is affected with a constitutional interest; (2) that is proscribed by statute and (3) which gives risk a credible risk of prosecution.

The court says plaintiffs’ activity has a constitutional dimension, among other things, because:

scraping plausibly falls within the ambit of the First Amendment.

The court says cases broadly recognize the right to record “matters of public interest.” Scraping, at least as it encompasses information located in a “public forum,” falls within this right. The court says plaintiffs also have an interest in making “harmless misrepresentations” to websites.

Case citation: Sandvig v. Sessions, 2018 WL 1568881 (D.D.C. March 30, 2018)

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The content in this post was found at https://blog.ericgoldman.org/archives/2018/04/researchers-challenge-to-cfaa-moves-forward-sandvig-v-sessions.htm

Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

 

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Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

22 02 2018

Proskauer

Jeffrey Neuburger on February 20, 2018

In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would not be in violation of the Computer Fraud and Abuse Act (CFAA) if it accesses and collects publicly-available data from LinkedIn’s website. (3Taps Inc. v. LinkedIn Corp., No. 18-00855 (C.D. Cal. filed Feb. 8, 2018)).  The basis of 3Taps’s complaint is last year’s hotly-debated California district court ruling (hiQ Labs, Inc. v. LinkedIn, Corp., 2017 WL 3473663 (N.D. Cal. Aug. 14, 2017)), where the court granted a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block a data analytics company from scraping the publicly available data on LinkedIn’s website. The hiQ ruling essentially limited the applicability of the CFAA as a tool against the scraping of publicly-available website data.  [For an analysis of the hiQ lower court decision, please read the Client Alert on our website].

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The content in this post was found at https://newmedialaw.proskauer.com/2018/02/20/data-aggregator-seeks-ruling-allowing-it-to-scrape-public-linkedin-data/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of privacynnewmedia.com. Clicking the title link will take you to the source of the post.

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CFAA “Unauthorized Access” Web Scraping Claim against Ticket Broker Dismissed Because Revocation of Access Not Expressed in Cease and Desist Letter

10 02 2018

Proskauer

By Jeffrey Neuburger on February 9, 2018

A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. (Ticketmaster L.L.C. v. Prestige Entertainment, Inc., No. 17-07232 (C.D. Cal. Jan. 31, 2018)). For those of us who have been following the evolution of the law around the use of automation to scrape websites, this case is interesting. The decision interprets some of the major Ninth Circuit decisions of recent memory on liability for web scraping.  Indeed, two weeks ago, we wrote about a case in which the Ninth Circuit interpreted certain automated downloading practices under the CFAA and CDAFA. Also, we wrote about and are awaiting the decision in the hiQ v. LinkedIn appeal before the Ninth Circuit. Also prior posts on the topic include a discussion of a noteworthy appeals court opinion that examined scraping activity under copyright law and the scope of liability under the DMCA anticircumvention provisions.  These seminal decisions and the issues they raise were expressly or implicitly addressed in the instant case. While we will briefly review some of the highlights of this decision below, the case is a must-read for website operators and entities that engage in web scraping activities.

 

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The content in this post was found at https://newmedialaw.proskauer.com/2018/02/09/cfaa-unauthorized-access-web-scraping-claim-against-ticket-broker-dismissed-because-revocation-of-access-not-expressed-in-cease-and-desist-letter/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



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

25 01 2018

Proskauer

1-24-18

Jeffrey Neuburger

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 of using automated means to download information (in this case, software) from websites in contravention of website terms and conditions.  Also, the case examines and interprets fairly “standard” software licensing language in light of evolving business practices in the software industry. (Oracle USA, Inc. v. Rimini Street, Inc., No. 16-16832 (9th Cir. Jan. 8, 2018)).

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The content in this post was found at https://newmedialaw.proskauer.com/2018/01/24/ninth-circuit-issues-important-decision-on-software-licensing-practices-and-web-scraping/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



3D Printing for Consumers: What Does it Mean for the Future of IP?

5 01 2018

Patent filings relating to 3D printing have increased 23-fold over the last five years, and trademark filings for businesses involved in 3D printing have increased 300 percent over the same time. Obviously, there is great excitement over the promise of 3D printing, but there is also concern about how 3D printing could make it too easy to copy a patented product with a push of a button… Traditionally, it is more important to have patent claims that protect products, components of products, arrangements of products, etc. Future IP will weigh more heavily on ideas and designs, rather than methods, which will be increasingly become difficult to police. These files will serve as proof of an owners’ pre-established rights, and could prove to be a major profit-making source in the future. And while copyrights are susceptible to fair use claims in a way patents are not, copyrights last for an extremely long time (e.g., 70 years beyond the death of the author).

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The content in this post was found at http://www.ipwatchdog.com/2017/04/25/3d-printing-consumers-future-ip/id=82533/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



VPPA Still Doesn’t Protect App Downloaders–Perry v. CNN

5 01 2018

Plaintiff sued CNN under the Video Privacy Protection Act, alleging that CNN wrongly disclosed plaintiff’s viewing records without plaintiff’s consent. The allegation is that plaintiff used the CNN app, which records viewing history, and CNN sent this information to Bango, a third party data analytics company. CNN allegedly disclosed to Bango the viewing activity along with the MAC address (a unique string of numbers associated with plaintiff’s device). Bango then allegedly used the information to link the user’s MAC address to other information and built a profile of plaintiff that includes the name, location, phone number, email address, and payment information, combined with the viewing history that CNN disclosed.

 

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The content in this post was found at http://blog.ericgoldman.org/archives/2017/05/vppa-still-doesnt-protect-app-downloaders-perry-v-cnn.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



When Do Review Websites Commit Extortion?–Icon Health v. ConsumerAffairs

3 01 2018

Icon Health and Fitness manufactures exercise equipment, such as the well-known NordicTrack. ConsumerAffairs is a review website. Like many other review websites, its business model is predicated on payments from reviewed businesses. However, ConsumerAffairs’ specific practices raise some extra questions. The complaint made the following allegations:

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Case citation: Icon Health and Fitness v. ConsumerAffairs.com, 2017 WL 2728413 (D. Utah June 23, 2017).

The content in this post was found at http://blog.ericgoldman.org/archives/2017/07/when-do-review-websites-commit-extortion-icon-health-v-consumeraffairs.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft

2 01 2018

A couple more online contract formation cases to enliven your Saturday:

McGhee v. NAB

This case involves mobile credit card processing services. The plaintiffs are merchants who think they were overcharged for card readers. The vendor invoked the arbitration clause in its terms. The vendor alleges that “when McGhee signed up for NAB’s credit card processing services, McGhee was required to accept the ‘Terms and Conditions’ by clicking on a button next to the words ‘I have read and agree to the Terms and Conditions.’” Sounds like an easy case, right?

Case citation: McGhee v. North American Bancard, 2017 WL 3118799 (S.D. Cal. July 21, 2017)

Applebaum v. Lyft:

Case citation: Applebaum v. Lyft, Inc., 2017 WL 2774153 (SDNY June 26, 2017)

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The content in this post was found at http://blog.ericgoldman.org/archives/2017/07/courts-keep-shredding-online-contract-formation-processes-mcghee-v-nab-applebaum-v-lyft.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

31 12 2017

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes.  In its latest judicial victory, on April 13, 2017, craigslist obtained a $60.5 million judgment against Radpad on various claims relating to harvesting content from craigslist’s site and sending unsolicited commercial emails to craigslist users. (Craigslist, Inc. v. RadPad, Inc., No. 16-01856 (N.D. Cal. Apr. 13, 2017)).

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The content in this post was found at https://newmedialaw.proskauer.com/2017/04/17/craigslist-garners-60-million-judgment-against-radpad-in-scraping-dispute/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.