The Federal Trade Commission (FTC) announced its final Negative Option Rule (the Rule)—which the FTC often refers to as the “Click to Cancel” rule—for automatically renewing subscriptions, free trials that convert to paid...more
The new year will bring new laws in California. In addition to laws addressing generative AI training data, digital replicas, and deepfakes, there will also be new and amended laws imposing requirements on businesses that...more
The customer service agent sympathetically responding to your chat messages about a delayed order, the player fiercely competing against you in an online match, the coach sending you motivational messages and workout advice:...more
The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues.
Website operators in particular are increasingly seeking to use their online...more
2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the...more
3/7/2024
/ Artificial Intelligence ,
Authorship ,
Canadian Intellectual Property Office (CIPO) ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Ownership ,
Copyright Registration ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Technology
As the subscription economy continues to grow towards a predicted $1.5 trillion by 2025, the number of laws and regulations with which a business offering subscriptions must comply also continues to grow. The focus of these...more
The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI.
Andersen et al. v. Stability AI Ltd.
As we have...more
12/15/2023
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
IP License ,
Privacy Laws ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration. Coinbase, Inc. v. Bielski, 599 U.S. ___, 2023 WL...more
6/28/2023
/ Appeals ,
Appellate Review ,
Arbitration ,
Business Litigation ,
Class Action ,
Coinbase ,
Coinbase Inc v Bielski ,
Dispute Resolution ,
Motion to Compel ,
SCOTUS ,
Settlement ,
Stays
This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works).
As the quality of...more
4/21/2023
/ Artificial Intelligence ,
Artists ,
Authorship ,
Copyright ,
DMCA ,
Entertainment Industry ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Investors ,
IP License ,
IP Litigation ,
Machine Learning ,
Technology Sector ,
The Copyright Act
There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21, 2023, the...more
3/22/2023
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance ,
Patent Applicants ,
Photographs ,
Policy Statement
New laws regulating certain providers of automatically renewing subscription services were passed this year in Idaho, Tennessee, Virginia, and, most recently, New Jersey. These laws are the most recent additions to a growing...more
10/14/2022
/ Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
State and Local Government ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy...more
2/4/2022
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Internet Marketing ,
Marketing ,
Notice Requirements ,
Privacy Laws ,
Risk Mitigation ,
ROSCA ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
COVID-19 is the biggest disruption to consumer retail spending patterns in recent history. Store closures and stay-at-home orders have accelerated the adoption of e-commerce, and U.S. consumers are expected to spend more than...more
7/10/2020
/ Advertising ,
Brick-and-Mortar Stores ,
Contests & Promotions ,
Coronavirus/COVID-19 ,
Data Security ,
E-Commerce ,
Gift-Cards ,
Internet Retailers ,
Marketing ,
Product Labels ,
Retail Market ,
Retailers
COVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors. In the first two parts of this three-part series, we looked at the pandemic’s impact on the film and...more
No legal development over the past decades has had a greater impact on the free flow of information and technology than the rise of the open access and open source movements. We recently looked at how AI, machine learning,...more
Over the last decade, we have heard a lot about artificial intelligence, machine learning, robotics, blockchain, and other disruptive digital technologies and how they are transforming the world. With the current coronavirus...more
4/14/2020
/ 3D Printing ,
Artificial Intelligence ,
Augmented Reality ,
Blockchain ,
Cloud Computing ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Driverless Cars ,
Drones ,
Machine Learning ,
Mobile Devices ,
Personal Protective Equipment ,
Robotics ,
Smart Devices ,
Smartphones ,
Social Media ,
Vehicle Navigation Systems ,
Virtual Reality
In the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event...more
It’s hard to know what to give to everyone on your list this holiday season. For the 13th year in a row, the National Retail Federation found gift cards are the most popular item on holiday wish lists, requested by 59% of...more