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Articles & Publications

Technology Law Bulletin Summer 2003

Scrapers, Robots and Spiders: The Battle Over Internet Data Mining by Lee Gesmer

When American Airlines sued Farechase, Inc. in federal district court in Texas earlier this year, claiming that Farechase’s “screen-scraping” of AA’s flight information from AA.com was illegal, it was only the most recent in a series of cases challenging unauthorized data collection from Internet web sites. What practices are encompassed by “screen-scraping”? Is “scraping” really illegal? What does this line of cases mean for your business? more…

The DMCA and Interoperability: A Troubling Legal Strategy in the Aftermarket Industries by Peter Moldave

The Digital Millennium Copyright Act (DMCA) prohibits technological devices that assist in the circumvention of copyright access controls. This “anti-circumvention” prohibition was enacted to prevent the manufacture of devices that could be used to circumvent “digital locks” on copyrighted materials such as books, films and music that are sold in digital form. However, a case decided early this year raises significant concerns about the ability of companies to use the DMCA not just to prevent the copying of music or other copyrighted media, but to use technology to lock-in consumers in order to prevent aftermarket competition. more…