Thomson Reuters scored a victory defending its intellectual property in the first AI model training case to produce a substantive legal judgment. U.S. District Court of Delaware Judge Stephanos Bibas on Tuesday issued a partial summary judgment for Westlaw parent Thomson Reuters in its copyright infringement case against Ross Intelligence. The court found that after Thomson Reuters refused Ross’ offer to license Westlaw material the startup hired a third-party to procedurally reconstitute the material, resulting in infringement. Ross defenses, including fair use, “all fail,” says the court. Continue reading Round One in Thomson Reuters AI Lawsuit Is a Victory for IP

U.S. Representative Zoe Lofgren (D-California) has introduced a bill to thwart foreign-run pirate websites from exploiting loopholes in U.S. law. H.R. 791 — the Foreign Anti-Digital Piracy Act (FADPA) — would allow copyright holders to seek court orders requiring U.S. ISPs to block websites operated by foreign infringers who “present a massive and growing threat — costing American jobs, harming the creative community, and exposing consumers to dangerous security risks.” Lofgren said she worked with members of the tech, film and television industries to craft a proposal that remedies copyright violation without disrupting the free Internet for law abiders. Continue reading MPA Supports Lofgren’s Bill Targeting Foreign Digital Pirates

The U.S. Copyright Office has released Part 2 of its report on artificial intelligence, dealing with the legal and policy issues pertaining to copyright and generative AI. The two main takeaways are that legal questions concerning copyrightability and AI can be settled using existing federal law, requiring no legislative change. Also, “where AI ‘merely assists’ an author in the creative process, it does not change the copyrightability of the output.” Additionally, it reaffirms that any work created entirely by prompts (content “entirely generated by AI”) cannot be protected by copyright. Continue reading Copyright Office Says AI ‘Assisted’ Content Can Be Protected

A federal appeals court axed the FCC’s net neutrality rules, punctuating a 20-year battle to classify broadband Internet providers as utilities. The Cincinnati-based U.S. Court of Appeals for the Sixth Circuit — with jurisdiction over Kentucky, Michigan, Ohio and Tennessee — said the FCC lacks the authority to prevent ISPs from thwarting access to Internet content. Citing the Supreme Court’s Loper Bright decision from June, the three judge panel wrote that government agencies lack the authority to deploy and administer such regulations. Since Sixth Circuit decisions aren’t precedent in other states, California says it will keep existing rules intact. Continue reading California Backs Net Neutrality, Despite Recent Court Reversal

Last week, a federal appeals court upheld a law that would force the sale of popular social platform TikTok in order for it to remain operational in the United States. Beijing-based parent company ByteDance is vowing to fight on with a petition for a hearing by the U.S. Supreme Court. The law, passed in April, invokes existing federal code that prohibits access to sensitive material by adversarial foreign nations of which China (along with Russia, Iran and North Korea) is one. Barring further court action, ByteDance will have to sell TikTok by January 19 or face bans at app stores. Continue reading TikTok Aims to Resist Divestment, Remain Operational in U.S.

The U.S. Copyright Office is warning of an urgent national need for protection against deepfakes. In the first installment of a multipart report on the adverse effects of artificial intelligence on copyright, the office recommends the immediate enactment of a law to combat AI-driven “digital replicas.” Acknowledging that copyright has always had a symbiotic relationship with technology, as well as AI’s tremendous potential, the report nonetheless decries the proliferation of AI-generated deepfakes, “from celebrities’ images endorsing products to politicians’ likenesses seeking to affect voter behavior.” Continue reading Copyright Office Calls for Federal Law Regulating Deepfakes

Short-form video hosting service TikTok and its China-based parent company ByteDance have filed suit against the United States challenging the constitutionality of the law that seeks to force a sale of the popular social media company, or otherwise ban it from use in the United States. The petition seeks to upend the bill President Biden signed into law April 24 as part of a foreign aid package. TikTok faces a ban from U.S. app stores if ByteDance has not been sold to a non-adversarial entity by mid-January 2025. ByteDance has made clear it has no intention of divesting. Continue reading ByteDance Files Suit Against the U.S. Over TikTok Sale or Ban

Congress rapidly passed and President Biden signed into law a bill intended to sideline the short-form video service TikTok, owned by Chinese tech company ByteDance. The process played out over the course of a week — the result of the proposal being tied to a foreign aid package with support for Ukraine and Israel. The nation now readies for the aftermath of the new U.S. law, which gives ByteDance nine months to find a new, U.S.-approved owner. Absent that, the app will essentially be banned from app stores and ISPs, which will face fines for distributing or supporting the social platform. Continue reading U.S. Braces for TikTok Ban After President Signs Bill into Law

The Senate and House Commerce Committee chairs have jointly released a bipartisan bill that seeks to protect the personal online data of U.S. citizens. The American Privacy Rights Act aims to set “clear, national data privacy rights and protections for Americans” and establishes a way individuals can sue entities that violate its provisions. The proposed law represents a years-long effort by Congress to establish data privacy regulations. If it passes, it will preempt the various data privacy laws enacted by states including California, Colorado, Connecticut and Tennessee. Continue reading Congress Moves Bicameral Data Privacy Bill to Protect Public

Apple is pausing sales of its two newest Apple Watch models following a U.S. International Trade Commission (USITC) import ban due to unauthorized use of technology patented by Irvine, California-based medical device maker Masimo. Apple plans to have the Series 9 and Ultra 2 watches removed from its online and retail stores by December 26. The move, which comes at the height of the holiday shopping season, will no doubt prompt a frenzy of in-store purchases between now and Sunday. Apple has the decision under review. Barring reversal, it could take steps to reintroduce the watches. Continue reading Apple Yanks Newer Watches from Retail Following Patent Suit

The Federal Communications Commission has set its sights on Internet service providers, formalizing an understanding with state attorneys general to protect consumer data and police privacy abuses. Initially, the memoranda of understanding (MOU) with the FCC’s Privacy and Data Protection Task Force includes the attorneys general of Connecticut, Illinois, New York and Pennsylvania, but could expand. As per the MOU, the entities will “share close and common legal interests in working cooperatively to investigate and, where appropriate, prosecute or otherwise take enforcement action” in relation to privacy, data protection and cybersecurity issues. Continue reading FCC Teams with States to Monitor ISPs on Consumer Privacy

Epic Games has prevailed against Google in U.S. District Court, scoring a victory in the 2020 lawsuit filed against the search giant over antitrust behavior related to its Google Play store. Epic claims that Google leverages control over the Android mobile operating system to require content creators who want a presence on an estimated 71 percent of the world’s smartphones to sell through the Play Store. The verdict “proves Google’s app store practices are illegal and they abuse their monopoly to extract exorbitant fees, stifle competition and reduce innovation,” Epic wrote of the win. Google disagrees with the ruling and says it plans to appeal. Continue reading Court Rules in Favor of Epic Games in Google Antitrust Case

Meta Platforms has been sued in federal court by 33 states including California and New York that claim its Instagram and Facebook platforms addict and harm children. The action is to date the most sweeping state action to contend with the impact of social media on the mental health of children. The suit, filed Tuesday in U.S. District Court for the Northern District of California, alleges Meta violates consumer protection laws by targeting children and deceiving users about platform safety. Also that day, the District of Columbia and eight states filed separate complaints addressing the same issues. Continue reading Dozens of States Sue Meta for Social Media Addiction in Kids

The Supreme Court will hear a case that will assess the constitutionality of controversial state laws governing social media in Texas and Florida. The states enacted their laws in 2021, ostensibly to assure “free speech” was guaranteed on platforms like Facebook and X (formerly known as Twitter). Users who considered their views “conservative” filed suit alleging censorship. Protections offered by Section 230 of the Communications Decency Act impact how government can regulate expression shared by online services and private media companies. Much like broadcast’s Fairness Doctrine, plaintiffs argue there are obligations that come with government warrantees. Continue reading Supreme Court to Assess States’ Social Media Speech Laws

A proposed Massachusetts ballot initiative designating gig drivers as independent contractors was nixed by a state court that deemed it an attempt to avoid liability by companies like Uber and Lyft in the event of accident or crime. The Tuesday ruling effectively halted a $17.8 million campaign in support of a bill the Massachusetts Supreme Judicial Court said violates the State Constitution, with hidden language excepting drivers from being “an employee or agent” of a gig company. The move is the latest in a series of skirmishes between gig companies and local governments.  Continue reading Massachusetts Court Objects to Gig Worker Ballot Measure