We’re blissful to tell you that the newest challenge of the journal is now obtainable and consists of the next contributions:
Javier Torre de Silva y López de Letona, The Proper to Scrape Information on the Web: From the US Case hiQLabs, Inc. v. LinkedIn Corp. to the ChatGPT Scraping Instances: Variations Between US and EU Legislation
Information scraping is of the essence for generative synthetic intelligence (AI), resembling ChatGPT, as the information wanted for AI coaching are typically obtained by this implies. The primary litigations relating to knowledge scraping for coaching of generative AI techniques are beginning now. It’s due to this fact related reviewing the case Legislation and regulation relating to knowledge scraping, together with america (US) Court docket of Appeals of the Ninth Circuit within the hiQ v. LinkedIn case. This case reveals the necessary variations between the US Legislation and the European Union (EU) (and United Kingdom (UK)) Legislation underneath a number of factors of view: prison regulation, privateness/knowledge safety regulation, mental property (IP) rights (and sui generis rights), and even regulation of contracts. The concept that there is no such thing as a possession to unprotected, non-personal, publicly obtainable knowledge coincides with some current EU Member States rulings. Information scraping shouldn’t be illicit as such (the Google search engine is all the time scraping, and has been doing so since its creation), but it surely must respect some prison regulation restrictions, privateness or knowledge safety obligations, copyright and contractual Legislation. This text critiques this safety in each the US and the EU/UK and analyses the affect of the prevailing knowledge scraping case regulation within the ChatGPT points and really current litigations.
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