Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...more
6/30/2025
/ Algorithms ,
Artificial Intelligence ,
Authorship ,
Books ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Litigation ,
Machine Learning ,
Metaverse ,
Publishers ,
Social Media ,
Summary Judgment ,
Training ,
Transformative Use
In one of the most consequential decisions to date involving generative artificial intelligence (genAI) and copyright law, Judge William Alsup of the U.S. District Court for the Northern District of California ruled that some...more
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
8/30/2024
/ Artificial Intelligence ,
Artificial Reproduction ,
Breach of Contract ,
Copyright ,
Copyright Infringement ,
DMCA ,
False Endorsements ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Motion to Dismiss ,
Patent Litigation ,
Patents ,
Trade Dress ,
Unjust Enrichment
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
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
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
3/8/2024
/ Artificial Intelligence ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Fair Use ,
Machine Learning ,
Microsoft ,
Motion to Dismiss ,
New York Times ,
Popular ,
Training ,
Transformative Use
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
3/6/2024
/ Affirmative Defenses ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Direct Infringement ,
DMCA ,
Fair Use ,
Machine Learning ,
Motion to Dismiss ,
New York Times ,
Popular ,
Training