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Internet & Social Media Law Blog

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Federal Circuit Limits Fraud-on-the-PTO Claims, but Leaves Chutter Recklessness Standard Intact

On October 18, 2023, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a U.S. Trademark Trial and Appeal Board (TTAB) decision in Great Concepts, LLC v. Chutter, Inc., in which the Board canceled Great Concepts’ trademark registration based on a fraudulent Section 15 declaration of incontestability.…

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New Lawsuit Challenges AI Scraping of Song Lyrics

In a move that underscores the escalating tension between the music industry and artificial intelligence (AI), many of the world’s largest music publishers have filed a joint lawsuit against AI startup Anthropic over song lyrics. The suit alleges that Anthropic’s chatbot, Claude, scrapes lyrics from the publishers’ catalogs without permission…

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Privacy Advocates Raise Concerns with New Mobile Driver’s Licenses

In 2021, the Department of Homeland Security started a process of adopting regulations for mobile driver’s licenses. The Transportation Security Administration (TSA) has since begun allowing mobile driver’s licenses as identification at airports, and several states jumped on the bandwagon, offering mobile driver’s licenses through state-sponsored apps or via Apple…

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5 Important Takeaways from the 2023 #shifthappens Conference

In speaking at this past week’s #shifthappens Conference, I had the pleasure of discussing both the potential and pitfalls posed by generative AI with fellow panelists David Pryor Jr., Alex Tuzhilin, Julia Glidden and Gerry Petrella. Our wide-ranging discussion covered how regulators can address the privacy, security and transparency concerns…

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“Copyright Implications of Generative AI” and the 2023 AIPLA Annual Meeting

On October 20, at 9:15 a.m., colleague and frequent contributor Sam Eichner will present on “Copyright Implications of Generative AI” during the Copyright and Trademark track at the 2023 AIPLA Annual Meeting. The event will host over 1,000 IP practitioners and leaders and cover a wide range of IP-related topics,…

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The New UK-U.S. Data Bridge

The UK and U.S. Governments have now formalized the UK-U.S. Data Bridge. The U.S. Attorney General designated the UK as a “qualifying state” for the purposes of the Executive Order 14086 on September 18, 2023, and the UK regulations implementing the Data Bridge are scheduled to take effect on October…

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Power Grids and Points of Vulnerability: Keeping the Lights on Amid Cybersecurity Concerns

Alicia McKnight and Brian Finch urge energy industry players to evaluate cybersecurity risks posed by increasingly interconnected and internet-enabled power grids in an article which was published in the latest edition of Pratt’s Privacy & Cybersecurity Law Report.

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Stand-Alone AI-Generated Content Is Not Copyrightable

On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to overcome the Copyright Office’s Human Authorship Requirement and register copyright in an AI-generated work…

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News of Note for the Internet-Minded (8/30/23) – Ransomware, Quantum Attacks and a New LLM

In this week’s News of Note, ransomware attacks break records and wipe data for a majority of a cloud provider’s customers, while one RaaS case delivers useful details about cybercriminal techniques and tactics. Also, the development of algorithms to protect against quantum computers continues, facial recognition software nabs an elderly…

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Who (If Anyone) Owns AI-Generated Content?

Whose content is it anyway? This is one of the questions that many hope will be answered by a federal court in Thaler v. Perlmutter. In June 2022, computer scientist Dr. Stephen Thaler sued the U.S. Copyright Office to redress the denial of his application to register copyright in his…