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Internet & Social Media Law Blog

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Areas to Watch at the Cusp of the Space-Based Technology Boom

Private investors are pouring billions into space-based endeavors. While satellite technology is a common use of these dollars, money is also flowing to projects like the (highly publicized) building of reusable rockets by SpaceX and others, cleaning up “space trash,” mining on the moon and even tackling climate change and…

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Out of Bounds: Supreme Court Sets the Limits of U.S. Trademark Law

On June 29, 2023, in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. ___ (2023), the U.S. Supreme Court held that the Lanham Act could not extend to trademark infringement that occurred almost entirely outside the United States. While it is not surprising that the Court adhered to the…

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Finding the Right Note: ASCAP AI Initiatives

On June 13, 2023, the American Society of Composers, Authors and Publishers (ASCAP) announced a series of initiatives to guide and protect creators as artificial intelligence (AI) continues to develop and impact the music industry. ASCAP has a strong history of supporting artists, technological innovation and music royalties. Following in…

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“Bad Internet?”: Disparaging and Unsubstantiated Claims in Comparative Advertisements

On May 5, 2023, the National Advertising Division (NAD) of BBB National Programs handed down its Final Decision in T-Mobile USA, Inc. v. Comcast Cable Communications Management, LLC. The NAD found that Comcast made several express and implied claims that were disparaging and/or unsubstantiated regarding T-Mobile’s home internet service, T-HINT,…

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The EU’s Proposed Artificial Intelligence Law Enters Final Stage

The European Union (EU) has made steady progress in shaping its proposed AI law, known as the “AI Act.” With the European Parliament approving its preferred version, the AI Act has now entered the final stage of the legislative process (a three-way negotiation, known as “trilogue”). The aim is to…

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SCOTUS Holds Rogers Test Is All Bark and No Bite in Jack Daniel’s Trademark Suit Against Dog Toy Maker

On June 8, 2023, a unanimous U.S. Supreme Court resolved the petition in Jack Daniel’s Properties, Inc. v. VIP Products LLC with two narrow holdings: (1) the threshold trademark infringement test espoused by the Second Circuit in Rogers v. Grimaldi for “expressive” works does not apply to allegedly infringing trademark…

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The U.S. Copyright Office Sessions: Generative Artificial Intelligence in Music and Sound Recordings

On May 31, 2023, the U.S. Copyright Office (USCO) held the final session of its Spring 2023 AI Listening Session. This session was held across two panels and discussed the copyright implications of AI-generated content (AIGC) in music and sound recordings. The panelists consisted of various stakeholders in the music…

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

Although that new smart refrigerator might seem like a fun gadget and great way to sync up grocery lists, smart appliances have the potential to become vectors in malicious power grid attacks. Or what about the increasingly popular addition of a solar plus storage solution or an EV charging station…

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In Andy Warhol Foundation for the Visual Arts v. Goldsmith, the Supreme Court Revisits the Copyright Fair Use Test

On May 18, 2023, the U.S. Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. The decision’s implications…

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Implementing a Policy for Employee Use of ChatGPT in the Workplace

The use of generative AI tools, like ChatGPT, are becoming increasingly popular in the workplace. Generative AI tools include artificial intelligence chatbots powered by “large language models” (LLMs) that learn from (and share) a vast amount of accumulated text and interactions (usually snapshots of the entire internet). These tools are…