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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

“Defendant immediately removed the infringing Photo upon having learned of it, [] made an offer of judgment in the amount of $2,500 in September 2023, and [] later conceded liability so as to advance the termination of this action.” Matthew McDermott is a freelance photographer. The New York Post story. ” Deterrence.

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The Security ‘Scapegoat?’: When Liability Comes Knocking, CISOs Answer the Call

Berkley Technology Law Journal

In October 2023, the SEC filed a complaint alleging that SolarWinds and Brown had failed to establish adequate cybersecurity measures before and after the SUNBURST attack. By Gaurav Lalsinghani, J.D. Tasked with overseeing a firms cybersecurity posture, CISOs stand on the front lines of a corporations digital defense.

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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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Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)

Eric Goldman

Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Note 1: all guest bloggers do it purely for the glory.

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Verizon and Its Cloud Vendor Must Face Lawsuit for Reporting “CSAM” That Wasn’t – Lawshe v. Verizon (Guest Blog Post)

Eric Goldman

Nevertheless, many choose to do so voluntarily, yielding nearly 36 million reports to the CyberTipline in 2023 alone. Nevertheless, many choose to do so voluntarily, yielding nearly 36 million reports to the CyberTipline in 2023 alone. whereas CSAM is illegal everywhere. Flouting this obligation risks massive fines.

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Cyber Whistleblower Leads to DOJ Civil Settlement

Debevoise Data Blog

The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures.

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Preliminary Copyright Office Guidance on Fair Use and AI Provides Some Answers, But Questions Remain

Debevoise Data Blog

There are dozens of cases pending against AI developers stemming from their use of copyrighted works to train generative AI models. In response, developers have uniformly asserted that such use is a fair use. The new Registrar could revise the report, or never make it official in any form. Many uses, however, will fall somewhere in between. [2]