News & Analysis as of

Artificial Intelligence Motion to Dismiss

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Seyfarth Shaw LLP

Authors Fight Court Order to Produce Pre-Suit Testing Data from ChatGPT in OpenAI Copyright Lawsuit

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Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more

Sheppard Mullin Richter & Hampton LLP

Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain

The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more

Sunstein LLP

The Overlooked Claim of The New York Times v. OpenAI: Harm to Copyright Management Information

Sunstein LLP on

The Digital Millennium Copyright Act (DMCA) was passed by Congress in 1988 to provide solutions for the strained relationship between the internet and copyright law. It focused on protecting copyright owners whose works were...more

Sheppard Mullin Richter & Hampton LLP

Jobiak’s Opposition to Motion to Dismiss Copyright Infringement Claims on AI-Created Database

We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Response to Microsoft's Motion to Dismiss: An LLM Is Not a VCR

As discussed in our earlier post, Microsoft opened its motion to dismiss portions of the New York Times's OpenAI case pled against it with an extended analogy to the Betamax case.  It argued that the Times was acting like the...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Calls Out OpenAI on Its Motion to Dismiss

Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more

McDonnell Boehnen Hulbert & Berghoff LLP

Microsoft's Motion to Dismiss NY Times Lawsuit over ChatGPT: How is ChatGPT Like a VCR?

Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT.  While raising some of the same arguments, Microsoft takes a more traditional path with...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

Willcox & Savage on

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

McDonnell Boehnen Hulbert & Berghoff LLP

OpenAI's Motion to Dismiss NY Times Lawsuit over ChatGPT: Do They Want to Win or Influence Public Opinion?

In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the...more

Farella Braun + Martel LLP

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more

Skadden, Arps, Slate, Meagher & Flom LLP

Motion To Dismiss Ruling Provides Insight Into How Courts View AI Training Data Cases

A recent decision by a California district court in J. Doe 1 v. GitHub, Inc., a case brought by computer programmers alleging that their works had been used to train AI models that generate computer code in violation of their...more

Ballard Spahr LLP

Judge Denies Motion to Dismiss AI Defamation Suit

Ballard Spahr LLP on

Gwinnett County, Georgia, Superior Court Judge Tracie Cason denied OpenAI’s motion to dismiss a defamation lawsuit. Companies should keep in mind that AI “hallucinations” may present liability for generative AI....more

Rothwell, Figg, Ernst & Manbeck, P.C.

“AI-Related” Chip Patents - 1.6 Billion Reasons Why Google May Have Agreed to Settle

Recent headlines have focused on the $1.6 billion damages claim and Google’s possible exposure in Singular Computing’s patent infringement lawsuit involving Google’s “AI-related” chips. $1.6 billion is certainly not chump...more

Proskauer - Law and the Workplace

Judge Grants Workday, Inc.’s Motion to Dismiss in Groundbreaking AI Class Action Lawsuit Mobley v. Workday

In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2023

Seward & Kissel LLP on

Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

Troutman Pepper

More Privacy, Please - September/October 2023

Troutman Pepper on

Editor’s Note: The FTC continues to crack down on privacy and cybersecurity, including issuing a new warning to tax preparation companies and entering into a consent decree with 1Health.io. VPPA and BIPA litigation continues...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Grants Motion To Dismiss in Kadrey AI Training Data Case

Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more

AEON Law

Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims

AEON Law on

A federal district court judge has thrown out most of the claims that a group of artists asserted against artificial intelligence (AI) platforms that they claim used their work without permission. The case is Andersen et al....more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Akin Gump Strauss Hauer & Feld LLP

District Court Decision Provides Guidance on Patent Eligibility of Claims Directed to Using and Training Machine Learning Models

Judge Williams in the District of Delaware recently granted a motion to dismiss the complaint because the patents-in-suit claim ineligible subject matter under 35 U.S.C. § 101. The patents are directed to using and training...more

Seyfarth Shaw LLP

Digital Delusions: Libel Lawsuit Based on Alleged ChatGPT “Hallucination”

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We’ve all heard about so-called AI “hallucinations,” when AI programs like ChatGPT make up “facts” that are not true.  For example, lawyers have gotten in trouble for citing fake AI-generated court cases. But could the...more

Bradley Arant Boult Cummings LLP

From Punchlines to Plaintiffs: Meta Platforms and Open AI File Motions to Dismiss Comedian Sarah Silverman’s Copyright...

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher...more

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