Theoretical No More: Blockchain Technology, Cryptocurrencies and the Tax, Legal and Business Implications
Podcast: Blockchain Intellectual Property Considerations for Innovators and Investors
GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more
Many generative AI systems are very good at writing code, and developers increasingly use them to develop high-quality software faster and more efficiently than they could without these systems. But companies must take...more
The rapid growth of generative AI (GAI) has taken the world by storm. The uses of GAI are many as are the legal issues. If your employees are using GAI, they may be subjecting your company to many unwanted and potentially...more
Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more
Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in...more
For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Retail and fashion companies that fail to embrace AI likely risk losing their current market share or, worse,...more
The advent of artificial intelligence (AI) technology has ushered in remarkable advancements across myriad industries from healthcare to entertainment and beyond. With this techno-revolution, novel questions concerning...more
For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making...more
In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more
Open-source software (OSS) representations and warranties are an integral part of the intellectual property (IP) representations and warranties in mergers and acquisitions (M&A) transactions and financings, as M&A transaction...more
Companies (including through the use of AI) are increasingly reliant on open source software to expedite their software development. A recent case filed in California, SFC v. Vizio, calls upon the state court to interpret two...more
In our prior post in this two-part series on less commonly discussed technology commercialization options, we addressed how open-source software (OSS) providers may make money on their products. In this Part 2, we’ll look at...more
When the topic of technology commercialization strategies comes up, the most common options typically mentioned include the sale of a technology or building a business around technology by selling products or providing...more
In Part 1 of this article, I addressed various legal issues that can arise with AI-based code generators. Many of these problems stem from using open source to train the models and the compliance obligations imposed by the...more
AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise...more
Recently filed litigation against Microsoft Corporation, GitHub, Inc., and various OpenAI entities ("Defendants") highlights new challenges that generative artificial intelligence ("AI") presents and risks associated with...more
Artificial Intelligence (AI) has become an even hotter topic since the introduction of generative AI tools like ChatGPT, a chatbot developed by OpenAI, as well as tools like Copilot and OpenAI Codex, which use generative AI...more
The Court of Appeals for the Federal Circuit (CAFC) affirmed a district court ruling that the asserted nonliteral elements of a software program were not copyright protectable, in part, because allegedly copied materials...more
While not new, the use of “open data” is on the rise as teams everywhere look for existing low-cost datasets to facilitate their projects without the need to personally incur the time, expense and internal approval process of...more
On September 14, 2022, the Office of Management and Budget (“OMB”) issued a memorandum on Enhancing the Security of the Software Supply Chain through Secure Software Development Practices (“OMB Memo”) to help ensure software...more
Non-profit organizations often use third-party images, photos, videos, or software in their everyday operations. It is often beneficial to leverage such materials that are licensed under “open licenses” because they are free...more
In today’s digital age, the question isn’t whether there is open source software being used in a company’s products, but how it is being used and what license governs its use. Open source is ubiquitous. Despite its...more
Across industries, open-source software provides the foundation for a significant number of applications, with open-source components per commercial application growing more than six-fold in the last five years. ...more
What is open-source software? To ask the question is almost to answer it. Open source software (OSS) simply describes software code that is distributed on an “open-source” basis – which means, in a way that allows others to...more