LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

12 10 2017

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the defendant’s data scraping activities.  LinkedIn’s brief was filed on October 3, 2017.  In it, LinkedIn asserts that the relevant issue is whether the lower court “erred as matter of law by holding—contrary to the CFAA’s unambiguous text and Circuit precedent—that LinkedIn could not invoke the CFAA after LinkedIn revoked hiQ’s access to its servers by sending a particularized cease-and-desist letter and imposing technical measures to block hiQ’s data-scraping bots.”

We will be watching the developments in this case closely.

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The content in this post was found at http://newmedialaw.proskauer.com/2017/10/05/linkedin-files-opening-brief-with-ninth-circuit-in-closely-watched-data-scraping-dispute-with-hiq/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



DRM in HTML5 is a victory for the open Web, not a defeat

13 03 2017
The World Wide Web Consortium (W3C), the industry body that oversees development of many Web-related technologies, is again considering the development of a specification enabling DRM-protected media in HTML content. And the group working on Encrypted Media Extensions (EME) is running up against a deadline: the group’s charter expires at the end of April. W3C working groups can only publish specifications with an active charter. So if W3C wants to publish a DRM specification, either the EME proposal must be published as a standard before the end of April or the group’s charter must be extended.

Last year, the working group asked for such an extension, but the Advisory Committee could not come to any consensus on whether to grant it. W3C director and inventor of the Web Tim Berners-Lee last week voiced his support for the EME plan, but the future of EME and the working group’s efforts are currently in limbo. Many of the arguments being made today mirror those made in 2013 when the working group first set about developing EME. And in light of this pending decision, we’re resurfacing the op-ed below (from May 2013) that outlines the supporting view.

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The content in this post was found at https://arstechnica.com/business/2017/03/drm-in-html5-is-a-victory-for-the-open-web-not-a-defeat/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google open innovation powered by efficient infringement

13 03 2017

Given the growth of efficient infringement, Google can operate in an open innovation way, applying open source principles to patented technologies from outside of the company as well as from those inside the company and partners… If it were not for efficient infringement it would be impossible for one company to be involved in as many different areas of endeavor as Google/Alphabet have attempted. The only feasible way for them to hunt for the next revenue stream seems to be to scatter-shot innovation by going in numerous different directions without any real focus. Of course, that requires them to ignore the rights of others and pretend we live in an open source world without any patent rights. Ironically, it is this disparate and uncoordinated approach to innovating that is also preventing Google from developing any kind of mastery outside of their core search competency and revenue generating model.

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The content in this post was found at http://www.ipwatchdog.com/2017/03/09/google-open-innovation-efficient-infringement/id=78977/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



After cracks, developers remove Denuvo DRM from their games

1 02 2017
How valuable is a digital rights management (DRM) piracy protection scheme after it has been cracked? The obvious answer is “not at all,” an answer that seems to have been confirmed by the removal of Denuvo protection from two popular games, both of which saw that DRM scheme fail earlier this year.

DDOSGaming reports that the 2016 reboot of Doom no longer has Denuvo protection built-in as of an update that went live earlier this week. The move follows a similar pattern to that of Playdead’s Inside, which removed Denuvo protection last month. Inside‘s DRM protection was cracked in August.

 

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The content in this post was found at https://arstechnica.com/gaming/2016/12/after-cracks-developers-remove-denuvo-drm-from-their-games/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

30 01 2017

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two links near the bottom of the third column of links in a website footer.  Website developers – and their lawyers – should take note of this case, part of an emerging trend of judicial scrutiny over how browsewrap terms are presented. Courts have, in many instances, refused to enforce browsewraps due to a finding of a lack of user notice and assent. In this case, the most recent example of a court’s specific analysis of website design, a court suggests that what has become a fairly standard approach to browsewrap presentment fails to achieve the intended purpose.

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The content in this post was found at http://newmedialaw.proskauer.com/2016/07/28/browsewrap-agreement-held-unenforceable-website-designers-take-note/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.