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Opt-Out Approaches to AI Training: A False Compromise

Berkley Technology Law Journal

Until this course of litigation is resolved, the parties remain categorically opposed: defendants seek to maximize the training data available to their algorithms, while plaintiffs livelihood depends on exclusive ownership and control of their IP. However, in its current iteration, opt-out schemes do not truly allow rightsholders to opt out.

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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story. The court runs through multiple considerations: Defendant’s state of mind. .

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In Case of ‘Real Lawyers Against A Robot Lawyer,’ Federal Court Dismisses Law Firm’s Suit Against DoNotPay for Unauthorized Law Practice

Above the Law - Technology

“While the complaint asserts that DNP has provided poor customer service at times, leading to adverse legal consequences for DNP’s customers, the complaint fails to cite any instance where DNP’s failures were imputed to MK specifically or lawyers generally.” District Chief Judge Nancy Rosenstengel.

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

Debevoise Data Blog

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. Raw Story Media, Inc. OpenAI Inc. ,

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The Clock is Ticking: How to Miss Fewer Court Deadlines

Attorney at Work

After one of the clients notified him of the dismissal, the alarmed attorney filed a motion to reconsider and reinstate the case, attributing his failure to respond in a timely manner to “new filtering rules in his email inbox,” which moved the dismissal order to his junk mail folder. The firm had filed a voluntary dismissal back in 2014.

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Building a Better Law Practice: 7 Reasons to Specialize

Attorney at Work

The paper trail revealed scores of cases involving debt collection, business partnerships, estate settlements, divorce and real estate litigation. The paper trail revealed scores of cases involving debt collection, business partnerships, estate settlements, divorce and real estate litigation. All this, and he did it without a computer!

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Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Eric Goldman

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG is invoking arbitration based on that clause. This is clearly wrong, no?

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