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McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – European Union AI Act, NO FAKES Act, music label copyright infringement lawsuit, and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Pillsbury Winthrop Shaw Pittman LLP

Discovery Dilemma: An Update on the Legal Battle Between The New York Times and OpenAI

OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery,...more

Sunstein LLP

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

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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

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – U.S. newspapers sue OpenAI and Microsoft, Financial Times of London reaches agreement, ELVIS Act, and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

AEON Law

Patent Poetry: Chinese Court Issues First Decision on AI Copyright Infringement

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The Guangzhou Internet Court issued the first ruling involving the liability of generative artificial intelligence (GAI) companies for copyright infringement. China has three internet courts in Beijing, Hangzhou, and...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

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

Barnea Jaffa Lande & Co.

US Court Rejects Some of the Claims against OpenAI

A federal court in California recently dismissed some of the claims prominent figures in the entertainment industry have raised against OpenAI, the operator of the artificial intelligence platform ChatGPT. The plaintiffs...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

Foley & Lardner LLP

Generative AI Systems Tee Up Fair Use Fight

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The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI...more

Sunstein LLP

Examining the Possibility of Compulsory Copyright Licensing for LLM Training

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ChatGPT and similar generative artificial intelligence (AI) tools rely on large language models (LLMs). LLMs are fed massive amounts of content, such as text, music, photographs and film, which they analyze to discover...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Case against OpenAI is Different. Here's Why.

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – ChatGPT Store, International Monetary Fund Report and more

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. OpenAI has responded to the New York Times’ detailed allegations of...more

White and Williams LLP

Generative Artificial Intelligence: Calling for a New Legal Front

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New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI...more

Sunstein LLP

The New York Times v. OpenAI: The Biggest IP Case Ever

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On December 27, 2023, the New York Times filed a complaint in the Southern District of New York against Microsoft and OpenAI, alleging massive copyright infringement. This promises to be the most high-stakes intellectual...more

Kilpatrick

The New York Times Makes News by Suing OpenAI and Microsoft for Copyright Infringement

Kilpatrick on

On December 27, 2023, The New York Times (the “Times”) filed a complaint against OpenAI and Microsoft in the Southern District of New York based on their claimed use of the Times’s works in creating generative artificial...more

Barnea Jaffa Lande & Co.

Copyrights: The New York Times Sues OpenAI and Microsoft

The New York Times recently filed a lawsuit against OpenAI, which operates ChatGPT, and Microsoft, which collaborates with OpenAI on the platform Copilot, over the defendants’ use of the newspaper’s copyrighted articles....more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

King & Spalding

Both the Washington Post and The New York Times Publish Widely Read PFAS Features this Week.

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The Washington Post published an article focusing on the PFAS saga of Adam Nordell and Johanna Davis, owners of Maine’s Songbird Farm since 2014. Earlier this year, Maine’s Department of Inland Fisheries and Wildlife and...more

Epstein Becker & Green

The Sarah Palin v. New York Times Appeal Will Be a Hot Mess

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Former Alaska Governor and Vice Presidential candidate Sarah Palin recently lost the trial of her defamation case against The New York Times. Given the complexity of the legal issues and the unusual events at trial, a messy...more

Tarter Krinsky & Drogin LLP

Law Brief®: Joel Rosner and Richard Schoenstein Discuss Palin vs. The Times

On the latest Law Brief® episode, Host Rich Schoenstein is joined by litigator Joel Rosner to talk about the trial of Sarah Palin's defamation case against the New York Times, which is scheduled to start this week. Law...more

Robins Kaplan LLP

Financial Daily Dose 5.7.2021 | Top Story: Improving Unemployment Figures Buoys Hopes for Strong April Jobs Report

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New jobless claims fell dramatically in new figures released on Thursday, as “the improving public health situation and the easing of pandemic-related restrictions allowed the labor market to continue its gradual return to...more

Foley & Lardner LLP

Cryptocurrency in China is like BIG BROTHER in 1984!

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The New York Times reported that “A state-issued e-currency would help China’s government know more — much, much more — about how its citizens spend their money, giving it sweeping new powers to fight crime and manage the...more

Robins Kaplan LLP

The Second Circuit Eliminates Iqbal Hearings

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The Second Circuit has breathed new life into Sarah Palin’s case against the New York Times by rejecting the use of an unusual “Iqbal” hearing to determine the plausibility of her allegations....more

Ballard Spahr LLP

Sixth Circuit Sides with The New York Times in Defamation Suit

Ballard Spahr LLP on

An article in The New York Times about controversy surrounding an Ohio State University cancer researcher was not defamatory because reasonable readers would understand it was “a standard piece of investigative journalism”...more

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