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Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

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If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Google responds that whatever it means, it’s preempted by copyright law.

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Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

Technology & Marketing Law Blog

” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. Accordingly, the Kremen case has long vexed the trespass to chattels jurisprudence by collapsing the distinction between intangibles and tangibles for property law purposes.

Copying 76
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HULM Entertainment v.  Fantasy Sports: Reanalysing Originality, Idea-Expression Dichotomy and Copyrightability of GUIs

SpicyIP

Hulm asserted ownership of copyright on the app on the basis of a copyright registration of a literary concept note detailing the working of its app, arguing that the app is an adaptation of the literary concept note.

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Copyright, Free Speech Clash in Dispute Over Cameron Boyce’s Final Film

Copyright Lately

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt.