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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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Think Kiwi Farms Is Legally Unassailable? Copyright Law Might Disagree–Greer v. Moon

Eric Goldman

The court says these allegations are sufficient for direct copyright infringement: Mr. Greer alleged he discovered the book “had been illegally put onto Kiwi Farms” in January 2018. For unexplained reasons, it does not appear that the defendants are invoking the 512 defense. CloudFlare’s block ). Direct Infringement.

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Plaintiffs Tried to Plead Around Section 230. It Didn’t Work–Ziencik v. Snap

Eric Goldman

To get around the obvious Section 230 problem that the plaintiffs’ claims are actually based on the third party’s harassing content, the plaintiffs affirmatively disclaimed that they were suing based on the harasser’s messages or Snap’s failure to block him. The plaintiffs tried again, with the same result.

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Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)

Eric Goldman

Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Note 1: all guest bloggers do it purely for the glory.

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2023 Quick Links: Section 230

Eric Goldman

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Where the motion to dismiss concerns questions of law, additional discovery is not required.

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In Bid to Disrupt PI, Legal Tech Company Pivots, Launches Legal Service to Compete with the Very Firms It Has Long Served

LawSites

According to founder and CEO Joshua Schwadron , it all comes down to the “incentive problem” and the failure of PI firms to pass along the savings of technological innovation to the clients they represent. To start, it is launching in three states – Connecticut, Georgia and Texas – with plans to eventually cover the entire United States.

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Facebook Compelled to Comply With Washington Political Ad Transparency Law (Catch-Up Post)–State v. Meta

Eric Goldman

” In 2018, the state claimed Facebook violated the law, and Facebook stipulated to a $200k judgment. ” In 2018, the state claimed Facebook violated the law, and Facebook stipulated to a $200k judgment. The state sued Facebook again in 2020. ” To me, this framing of the state’s interest boxes the state in.

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