On September 17, 2024, Governor Gavin Newsom signed AB 2602 into California law (to be codified at Cal. Lab. Code §927). The law addresses the use of “digital replicas” of performers. As defined in the law, a digital replica is:
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Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation
In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors.
The case involved plaintiff Compulife
Colorado Expands “Right-to-Repair” Law
On May 28, 2024, Colorado Governor Jared Polis signed into law the “Consumer Right to Repair Digital Electronic Equipment” bill (HB24-1121). The legislation expands the state’s 2023 right to repair law, which currently applies to agricultural equipment and
A Final Bow for Section 230? Latest Plea for Reform Calls for Sunset of Immunity Law
Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the world
The King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity
On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers “new,
California Court Issues Another Noteworthy Decision Dismissing Breach of Contract and Tort Claims in Web Scraping Dispute
On May 9, 2024, a California district court dismissed, with leave to amend, the complaint brought by social media platform X Corp. (formerly Twitter) against data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s alleged scraping of publicly
Agentic Artificial Intelligence: Looking Ahead to Potential Practical and Legal Issues When AI Gets Autonomous
Generative AI has been most synonymous in the public mind with “AI” since the commercial breakout of ChatGPT in November 2022. Consumers and businesses have seen the fruits of impressive innovation in various generative models’ ability to create audio, video,
Data At Issue: FTC Focus on Browsing Information and Location Data
Since the start of the year, the Federal Trade Commission (FTC) has brought actions against – and reached proposed settlements with[1] – three business ventures engaged in the collection, use and sharing of certain consumer information.
Web Publisher Seeks Injunctive Relief to Address Web Scraper’s Domain Name Maneuvers Intended to Avoid Court Order
Late last year, Chegg Inc. (“Chegg”), an online learning platform, obtained a preliminary injunction based on allegations that the various operators of the Homeworkify website (“Defendants”) – which allows users to view Chegg’s paywalled solutions without creating an account –
California Court Issues Noteworthy Decision on Breach of Contract Claims in Web Scraping Dispute
On January 23, 2024, a California district court released its opinion in a closely-watched scraping dispute between the social media platform Meta and data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s alleged scraping of publicly-available data from Facebook