Bloomberg Law Analysis

ANALYSIS: The Real ‘Sweat of The Brow’? Protecting Data as IP

Jan. 13, 2021, 11:52 AM

Imagine this: A client has collected or created a large amount of data that took years—and millions of dollars—to amass. The client then learns that computer scientists scraped the data set to develop artificial intelligence. The client feels aggrieved and would like to sue, but for what?

Data sets, as a collection of facts, do not fit neatly into typical intellectual property claims. And trying to craft claims that succeed beyond a motion to dismiss is challenging.

A pending case illustrates these challenges as a plaintiff seeks to take on Princeton University and Facebook for allegedly scraping and using its...

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