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Intellectual Property Protection Software Developers

WilmerHale

AI-Powered Medical Devices Bring Patent and Regulatory Pitfalls

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Artificial intelligence and machine learning are transforming the medical device industry. Simultaneously, companies are working to gain Food and Drug Administration approval and obtain intellectual property protection for...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

WilmerHale

Copyright Development: Challenge to Medical Device “Right to Repair” Permitted Under APA

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On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules...more

Mayer Brown

Brazil Passes ‘Legal Framework for Games’ Legislation

Mayer Brown on

In early May, Brazil’s Law No. 14,852/2024 (the “Legal Framework for Games” or the “Framework”) was published. Originating as Bill No. 2796/2021, the legislation provides the necessary legal framework for the burgeoning...more

Fenwick & West LLP

Games Industry Trends as GDC 2024 Gets Underway

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The Games Developer Conference (GDC) 2024 is upon us; here are four key legal and commercial trends we think will be especially salient this year. - Keeping AI in Check. Like so many other sectors, AI is quickly reshaping...more

J.S. Held

2024 J.S. Held Global Risk Report: New Laws Addressing the Risks and Rewards of Artificial Intelligence (AI)

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The race to develop AI and calls to regulate it are heating up around the world. In November 2023, 28 countries, including the United States, United Kingdom, China, and the European Union, met and pledged to work together to...more

Linda Liu & Partners

Judicial Rules for Determining "Infectiousness" of GPL through Case Studies

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GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more

A&O Shearman

Desire to harness potential of generative AI drives rising interest in data as an asset

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Investors are targeting AI developers and buying proprietary data sets to build new AI businesses. Here we explain how to manage risk in this fast-evolving space. When MIT named generative AI as one of its breakthrough...more

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

White House AI Order Balances Innovation And Regulation

On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence. The executive order provides a sprawling list of directives aimed at establishing standards for AI safety...more

Holland & Knight LLP

Generative AI's Output: How Is It Created, and What IP Rights Should It Receive?

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Generative artificial intelligence (AI) first performs broad, deep training on human-created materials, then, when given a prompt, can produce "original" works as output. Examples include ChatGPT (text), Stable Diffusion...more

The Rodman Law Group, LLC

Risks that AI Developers Must Consider When Developing AI

Artificial Intelligence (AI) is not just a technological innovation; it’s a transformative force that has permeated multiple sectors, from healthcare to finance. As AI startups and companies creating AI tools (“AI...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property Assignments from Software Developers: Key Provisions in France, Germany, the United Kingdom, and United...

With the rise in multinational technology companies, including startups, it is increasingly common for those companies to use software developers located in countries around the world. Securing an assignment of all...more

Fenwick & West LLP

Creativity and Technology: The FTC’s Warning Shot When Creating and Marketing Digital Products Using Artificial Intelligence

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The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more

Sheppard Mullin Richter & Hampton LLP

Valve Rejects Games with AI Assets Over Copyright Concerns

Valve has reportedly adopted a policy to reject games that use AI-generated content over infringement concerns. A developer posted on the “aigamedev” subreddit that in response to submitting a game with some assets that were...more

Morgan Lewis - Tech & Sourcing

Open-Source Software and Transactional Due Diligence in Light of Recent Advancements in Technology

Open-source software (OSS) representations and warranties are an integral part of the intellectual property (IP) representations and warranties in mergers and acquisitions (M&A) transactions and financings, as M&A transaction...more

Troutman Pepper

Software Developer Wins Preliminary Injunction Against the U.S. Navy in Trade Secrets Act Case

Troutman Pepper on

We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...more

Orrick, Herrington & Sutcliffe LLP

Open Source Software Licenses: Novel Case Explores Who Can Enforce Them

Companies (including through the use of AI) are increasingly reliant on open source software to expedite their software development. A recent case filed in California, SFC v. Vizio, calls upon the state court to interpret two...more

ArentFox Schiff

The Generative AI Revolution: Key Legal Considerations for the Nonprofit & Trade Association Industry

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Generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

JAMS on

At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ruling on Motion To Dismiss Sheds Light on Intellectual Property Issues in Artificial Intelligence

Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright...more

Sherman & Howard L.L.C.

Federal Circuit Affirms Copyright Holder's Burden May Require More Than Just Proof of Valid Registration

Software developers have long been able to secure copyright registrations to help protect and enhance the value of their work product. However, when the copyright holder claims someone else is copying their work, there is...more

Robins Kaplan LLP

In No Uncertain Terms - Strategies For Assessing And Mitigating Risk In Technology And Software License Disputes

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Software providers, asset managers, and licensees can consider various strategies to help assess risk and effectively negotiate software license compliance disputes. Software is the heartbeat of every industry. Rapid changes...more

Sheppard Mullin Richter & Hampton LLP

Solving Open Source Problems With AI Code Generators - Legal issues and Solutions - PART 1 - LEGAL ISSUES

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise...more

Dorsey & Whitney LLP

Do Copyright Owners Have to Show What Elements of Their Software are Protected by Their Registrations? A Split Federal Circuit...

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In a recent decision, the Federal Circuit approved the use of “Copyrightability Hearings.” Not sure what that means? Read on to find out....more

Sheppard Mullin Richter & Hampton LLP

How Generative AI Generates Legal Issues in the Games Industry

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create...more

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