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If 2009 sounds like it happened half a lifetime ago, many 30 year-olds would likely agree. Music Industry & Government Had it All Wrong In May 2009, Brian Message, a partner in Radiohead’s management company, did the unthinkable. Despite the polarized views, Radiohead hadn’t quite finished. Was It Really Happening?
Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. In doing so, the essay highlights the paradoxical stance of companies on training other ML systems using the output generated by their own ML systems and discusses the copyrightability of ML system-generated output, if any. Basheers 48th birth anniversary.
You can see his previous posts for us here. New(s) Questions and FairUse: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fairuse” and “ de minimis” use. A mere quantitative analysis of the duration of content used does not matter. Akshat Agrawal.
” The case raises questions of fairuse and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed.
In light of Amazon’s decision to disable the ‘Download or Transfer via USB’ feature from their Kindle devices, Arnav Kaman discusses DRMs/TPMs, the rights of the user, what users can do with their ebooks within the fairuse doctrine, and the future of ebooks in this guest post. Kindle is not a bookseller.
Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fairuse.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.
Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fairuse doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.
In letters sent to around 20 companies, TTVK warned that without proper licensing, these services were illegal and must be shut down. The TV companies whose content was being recorded and fed back to subscribers of TVkaista disagreed, arguing that no permission was granted for this type of use.
On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.
In the same vein, studies by Piotr Przybyła et al and Alison O’Mara-Eves et al show the usefulness of AI and data mining for prioritizing and identification in Systematic Reviews. Many of the projects described below use this basic function of TDM in various specific applications. million abstracts. HathiTrust, 755 F.3d 3d 87 (2d Cir.
Moreover, as we detail below, the best understanding of the application of fairuse principles to AI training would hold that the practice is in most if not all instances a fairuse. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fairuse.
Those arguments were that (1) Take-Two’s use of the tattoos was authorized by an implied license, (2) the fairuse doctrine insulates their utilization of the tattoos and (3) the tattoos constitute a de minimis part of the video game. Take Two had good reason to believe in its implied license defense.
Brief Background: Android which is owned by Google LLC used Java’s Application Programming Interfaces (APIs) for building their Android Operating System for Mobile devices from 2005. Java owned by Sun Microsystems was later acquired by Oracle in 2009. And held that Android was using APIs and was using them commercially.
Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fairuse.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.
Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fairuse.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.
Marketa Trimble: Under Nevada law, have to comply with other countries’ laws to be licensed for online gambling in Nevada. A: hard to imagine US court doing this on its own initiative. Group one: fairuse. US, Israel (ministry of justice opinion embracing training); Liberia, Malaysia, South Korea, Sri Lanka, Taiwan.
And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fairuse argument under copyright laws. But fairuse isn’t a defense to a breach of contract claim.
Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.
Relevant here is also Kruttika’s post discussing KEI’s study on how companies can use voluntary licenses for non-competitive practices within the legal framework, underscoring the importance of Indian competition laws. Basheer, however, suggested that technological solutions can address this issue. At least, not for me.
Capitol Records (the successor to EMI) sent its first cease-and-desist letter to Vimeo in 2008 and sued Vimeo for copyright infringement in 2009. Plaintiffs argument goes too far; it would require Vimeo employees to assume that uses of copyrighted material are never fairuse.” Yes, this is a 15-year-old lawsuit.[FN]
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