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

Debevoise Data Blog

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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

Eric Goldman

Fine-Tuning with Reddit Data : In 2019, Microsoft Research developed DialoGPT, a conversational AI model fine-tuned on 147 million Reddit conversation exchanges from 2005 to 2017. The legal headlines are more of a trickle than the flood I was expected. — The facts are as follows: Anthropic was trained, at least in part, on Reddit data.

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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Let’s take a look.

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An Updated Look at Preserving Social Media Evidence for Lawyers

Legal Tech Monitor

Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 Id., ¶ 119.

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Searing Lessons From a State Bar Complaint: A Lawyer’s Story

Attorney at Work

In Iowa, the Client Security Board acts as a quasi-criminal body — and, in effect, accused attorneys are treated more or less as any criminal defendant would be. Unfortunately, that’s something I know from personal experience. An Ethics Sanction Needn’t Be a Professional Death Sentence. That is, not if you don’t allow it to become one.

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Section 230 Immunizes Snap, Even if It’s “Inherently Dangerous”–L.W. v. Snap

Eric Goldman

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” To get around Section 230, the plaintiffs attempted the Lemmon v.

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Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Eric Goldman

In addition, although the takedown notices state that the company contacting Defendants, Appdetex, is Yuga’s DMCA Agent, it does not state that the notice is a DMCA notice. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. Never has, never will.

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