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Deepfaked Evidence: What Case Law Tells Us About How the Rules of Authenticity Needs to Change

Berkley Technology Law Journal

In advocating for change, we must consider the on-the-ground reality: that very few cases so far have been impacted by deepfake allegations, but that the cases that do exist show staggeringly inconsistent results. This blog post presents an overview of existing examples of judges responding to allegedly deepfaked evidence.

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

Eric Goldman

by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping. Further, as Kieran notes, the TTC harm statement is also pretty weak in light of the Hamidi standard. __ Two other noteworthy points about this lawsuit.

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How to Write a Case Brief: The Ultimate Cheatsheet

Clio

Case briefing has a long history in legal studies as a tried-and-true method for reviewing and analyzing judicial opinions. As for the legal briefing on your own cases, book a demo with Clio to see how our practice management solution can help you keep case information and documents organized and boost your productivity.

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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

Lloyd sued Facebok for a variety of claims (I initially described the suit as “a standard kitchen-sink pro se lawsuit against Facebook”). Neither the statutory language nor the case law suggests that applicability of 230(c)(1) turns on the type of third-party speech involved. Case Citation : Lloyd v.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Eric Goldman

The case law in the Ninth Circuit — the other appellate circuit central to developing copyright law, especially regarding new technologies — seems to support the Seventh Circuit’s majority approach. However, it was sometimes not as clear as the case law of other circuits. A third approach?

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

Based on my reading of the case law, the Fourth and Eighth Circuits broadly follow this approach. Based on my reading of lower court opinions, to date, courts in the Third Circuit also seem to follow the case-by-case approach. However, it was sometimes not as clear as the case law of other circuits.”

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Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Eric Goldman

Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? Its no wonder this case has generated coverage everywhere from Bloomberg to People Magazine in monochromatic living rooms across the world, content creators are watching and waiting. Sydney Nicole LLC v.

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