News & Analysis as of

Digital Millennium Copyright Act Breach of Contract

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

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

Proskauer - New Media & Technology

Help Wanted: Site Owner Brings New Scraping Suits Focused on Job Posting and Employment Data

In recent years there has been a great demand for information about job listings, company reviews and employment data.   Recruiters, consultants, analysts and employment-related service providers, amongst others, are...more

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

AEON Law on

Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more

McDermott Will & Emery

Copyright Infringement Claims Precluded by Plaintiff’s Own Patent Lawsuit

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s dismissal of claims of copyright infringement, violation of the Digital Millennium Copyright Act (DMCA) and breach of...more

Proskauer - New Media & Technology

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

Burr & Forman

Two End-of-Year Federal Government Deadlines Approaching

Burr & Forman on

Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

Sheppard Mullin Richter & Hampton LLP

LinkedIn Has Beef With Data Scraping Bots

Linkedin has filed a lawsuit to prevent unauthorized use of “bots” that register fake profiles on the social network and steal data about actual users. According to the suit, these acts constitute a breach of Linkedin’s terms...more

Pillsbury - Internet & Social Media Law Blog

Copyright Protection for User Generated Content in Virtual World Confirmed

While a legal battle will continue between a Second Life content "consultant" and a school teacher using the online virtual-world creating program as an educational tool, the Southern District of New York made one thing clear...more

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