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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

While the statutory elements of a Section 1202(b) claim appear straightforward, certain courts considering claims involving CMI have added two hurdles for copyright plaintiffs: a “double scienter” requirement and an identicality requirement. The next case where we expect a court to consider a Section 1202 claim is The Intercept Media, Inc.

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The Competition Between Temu and Shein Moves Into a Courtroom–Whaleco v. Shein

Eric Goldman

The court refuses Temu’s preliminary injunction request. Day to Day Imports * Court Mistakenly Thinks Copyright Owners Have a Duty to Police InfringementSunny Factory v. Day to Day Imports * Satirical Depiction in YouTube Video Gets Rough Treatment in Court * 512(f) Preempts Tortious Interference ClaimCopy Me That v.

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Big YouTube Channel Gets TRO Against Being Targeted by DMCA Copyright Takedown Notices–Invisible Narratives v. Next Level Apps

Eric Goldman

Invisible Narratives sought an ex parte TRO to prevent that from happening, which the court grants. The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters.

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Reddit Challenges Anthropic’s Scraping to Create Generative AI Models (Guest Blog Post)

Eric Goldman

But on June 4th, Reddit sued Anthropic in the Superior Court of California for breach of contract, unjust enrichment, trespass to chattels, tortious interference, and unfair competition. Almost all of the major legal scraping precedents happened in the Northern District, and it is definitely unusual that this was filed in state court.

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The Shape of Things to Come (Our Fearless Prediction)

Colin S. Levy

Sneed III on the United States Court of Appeals for the Ninth Circuit and then practiced law (primarily bankruptcy law) with Morrison & Foerster in San Francisco from 1986-1991. In 2017, she received the Commercial Law League of Americas Lawrence P. After receiving her B.A.,

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What is the Stored Communications Act? Understanding the SCA & Subpoena Compliance

Percipient

Civil Subpoenas: These are issued by courts upon the request of parties involved in civil litigation. ”) Governmental Requests (Law Enforcement/Administrative) and Court Orders: These are issued by government agencies, including law enforcement (e.g., Court Order ( 18 U.S.C. the actual text of an email).

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Cyber Whistleblower Leads to DOJ Civil Settlement

Debevoise Data Blog

Decker further alleged that Penn State had provided false self-attestations of compliance to federal agencies from at least 2017 to 2022. The DOJ formally intervened in the case on October 23, 2024 and notified the court that it settled with Penn State. Penn State and DOJ reached a $1.25