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Software › The Copyright Act › Copyright Infringement

Baker Donelson

The Northern District of California Weighs in on "Transformative" Use of Copyrighted Books for Training Generative AI Tools

Baker Donelson on

Only a few months ago, the U.S. District Court for the District of Delaware ruled that the use of "headnotes" in a legal search tool, for the purpose of training a competing legal tool driven by artificial intelligence (AI),...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Bitmanagement Software GmbH v. United States

Vorys, Sater, Seymour and Pease LLP on

In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more

McDermott Will & Schulte

Interoperability Doesn’t Imply Derivative Work

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit explained that to be a derivative work, a program interoperative with another must actually incorporate aspects of the underlying work. The Court further ruled that licensees of a...more

Morrison & Foerster LLP

To Scrape or Not to Scrape? First Court Decision on the EU Copyright Exception for Text and Data Mining in Germany

Morrison & Foerster LLP on

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more

McAfee & Taft

Gavel to Gavel: Limits on copyright infringement not limited

McAfee & Taft on

Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year...more

BakerHostetler

Does Copyright Literally Protect Source Code Figuratively?

BakerHostetler on

Learn how copyright can protect your software “Beyond Source Code” to cover both screen displays and UX, how the scope of software copyright law might impacted by the pending Supreme Court opinion in Oracle v. Google, and the...more

Robins Kaplan LLP

ReDigi Wants a Re-Do at the High Court

Robins Kaplan LLP on

ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more

Smart & Biggar

Nintendo Awarded $12.7 Million for Circumvention of Technological Protection Measures in Precedent-Setting Case

Smart & Biggar on

In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

Orrick, Herrington & Sutcliffe LLP on

In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more

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