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Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Kluwer Copyright Blog

The Cause of Action The cause of action in both cases is the same and can be summarized as follows: Direct Copyright Infringement (17 U.S.C. § LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

Plaintiffs argued that with the popularity of Copilot, it is a near certainty that their code will be used with copyright notices removed or in violation of their open-source licenses. Plaintiffs alleged that Defendants reproduced code as output without attribution, copyright notice, or license terms. Corelogic, Inc. ,

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Not Past the Post Yet

BYU Copyright Blog

Post University claimed that Course Hero committed, among other things, multiple instances of copyright infringement, trademark infringement, violation of the DMCA, and unfair competition by posting and creating derivative works of educational materials owned by Post University without Post University's permission.

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The Latest Chapter in Authors’ Copyright Suit Against OpenAI: Original Pleadings Insufficient

LexBlog IP

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.”

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Court Dismisses Most Claims in Authors’ Lawsuit Against OpenAI

LexBlog IP

First, the court dismissed plaintiffs’ claim against OpenAI for vicarious copyright infringement based on allegations that the outputs its users generate on ChatGPT are infringing. The court also dismissed claims for violation of the Digital Millennium Copyright Act (“DMCA”).

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Court Allows Three of Plaintiffs’ Claims to Survive Motion to Dismiss in Lawsuit That Could Significantly Impact the World of Generative AI

LexBlog IP

DMCA Section 1202(b) Claims: Section 1202(b) of the DMCA prohibits anyone from (1) intentionally removing or altering any copyright management information (“CMI”), (2) distributing CMI knowing the CMI has been removed or altered or (3) distributing copies of works knowing that CMI has been removed or altered while “knowing, or.

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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Before the 1909 Act, the author was required to register the title of the work before publication, as a condition of receiving copyright protection. Under the 1909 Act, an author received a federal statutory copyright merely by publishing the work with proper copyright notice.