News & Analysis as of

Digital Millennium Copyright Act Copyright 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

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

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

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

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

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

Weintraub Tobin

District Court Applies Different Requirement For Similarity Of Accused And Asserted Works Under DMCA Versus The Copyright Act

Weintraub Tobin on

In Kirk Kara Corp. v. Western Stone & Metal Corp. et al, 2-20-cv-01931 (CDCA 2020-08-14, Order) (Dolly M. Gee), the Central District of California denied Defendant’s motion to dismiss Plaintiff’s claims for copyright...more

Proskauer - New Media & Technology

Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots

In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court...more

Wilson Sonsini Goodrich & Rosati

After Three-Year Wait, Court Allows First Amendment Challenge to Copyright Law to Proceed

On July 21, 2016, WSGR partnered with the Electronic Frontier Foundation (EFF), a leading digital rights nonprofit, to file a lawsuit pro bono challenging the constitutionality of the anti-circumvention provisions of the...more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

Dorsey & Whitney LLP on

This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

Proskauer - New Media & Technology

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial...more

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