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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Eric Goldman

is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. GitHub, Inc.

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Cruiseing for Waymo Lawsuits: Liability in Autonomous Vehicle Crashes

Richmond Journal of Law and Technology

“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Section 230 Immunizes Snap, Even if It’s “Inherently Dangerous”–L.W. v. Snap

Eric Goldman

” This does not persuade the judge: the Court must treat Defendants as publishers or speakers, regardless of how their claims are framed, because their theories of liability plainly turn on Defendants’ alleged failure to monitor and remove third-party content. To get around Section 230, the plaintiffs attempted the Lemmon v.

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Instagram Defeats Lawsuit Claiming It Was a “Breeding Ground” for Sex Traffickers–Doe v. Backpage

Eric Goldman

Section 230 preempts her lawsuit against Facebook: “Ninth Circuit precedent interpreting Section 230 of the Communications Decency Act, 47 U.S.C. § Doe claims she was sex-trafficked on Instagram. 230, forecloses Doe’s claim as currently pled, because she seeks to hold Meta liable for content created by her trafficker.”

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Cyber Whistleblower Leads to DOJ Civil Settlement

Debevoise Data Blog

The complaint was brought under the FCA’s qui tam provisions, whereby a private citizen can bring a lawsuit on behalf of the government. The underlying failures alleged in the settlement occurred between 2018 and 2023. million to resolve allegations that it violated the False Claims Act (the “FCA”).

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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.