Judge Alsup dismisses Xwitter’s lawsuit against a company scraping and selling data off its service <
https://arstechnica.com/tech-policy/2024/05/elon-musks-x-tried-and-failed-to-make-its-own-copyright-system-judge-says/>.
Love this bit:
The judge found that X Corp's argument exposed a tension between
the platform's desire to control user data while also enjoying the
safe harbor of Section 230 of the Communications Decency Act,
which allows X to avoid liability for third-party content. If X
owned the data, it could perhaps argue it has exclusive rights to
control the data, but then it wouldn't have safe harbor.
If the judge’s name sounds familiar, he was the one who ruled that
software APIs were not copyrightable in the Oracle v Google case. Or
tried to: he was overruled by the notoriously IP-friendly CAFC appeals
court; but then on retrial he found Google’s use of those
“copyrighted” APIs was fair use anyway.
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