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IP|Trend: New Era in Protection of Software by Intellectual Property Law?
In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more
The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more
Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more
This blog post focuses on how the EU’s Artificial Intelligence Act (“AI Act”) regulates generative AI, which the AI Act refers to as General-Purpose AI (“GPAI”) Models....more
Artificial intelligence and machine learning are transforming the medical device industry. Simultaneously, companies are working to gain Food and Drug Administration approval and obtain intellectual property protection for...more
The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more
On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules...more
In early May, Brazil’s Law No. 14,852/2024 (the “Legal Framework for Games” or the “Framework”) was published. Originating as Bill No. 2796/2021, the legislation provides the necessary legal framework for the burgeoning...more
The Games Developer Conference (GDC) 2024 is upon us; here are four key legal and commercial trends we think will be especially salient this year. - Keeping AI in Check. Like so many other sectors, AI is quickly reshaping...more
The race to develop AI and calls to regulate it are heating up around the world. In November 2023, 28 countries, including the United States, United Kingdom, China, and the European Union, met and pledged to work together to...more
Investors are targeting AI developers and buying proprietary data sets to build new AI businesses. Here we explain how to manage risk in this fast-evolving space. When MIT named generative AI as one of its breakthrough...more
On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence. The executive order provides a sprawling list of directives aimed at establishing standards for AI safety...more
Generative artificial intelligence (AI) first performs broad, deep training on human-created materials, then, when given a prompt, can produce "original" works as output. Examples include ChatGPT (text), Stable Diffusion...more
Artificial Intelligence (AI) is not just a technological innovation; it’s a transformative force that has permeated multiple sectors, from healthcare to finance. As AI startups and companies creating AI tools (“AI...more
With the rise in multinational technology companies, including startups, it is increasingly common for those companies to use software developers located in countries around the world. Securing an assignment of all...more
The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more
Valve has reportedly adopted a policy to reject games that use AI-generated content over infringement concerns. A developer posted on the “aigamedev” subreddit that in response to submitting a game with some assets that were...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
We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...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
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 it the fastest-growing...more
At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more
Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright...more
Software providers, asset managers, and licensees can consider various strategies to help assess risk and effectively negotiate software license compliance disputes. Software is the heartbeat of every industry. Rapid changes...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