News & Analysis as of

Software Copyright Infringement

Vondran Legal

Did you get a GibbsCAM software infringement letter?

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You may have recently received a letter from a Texas law firm of Daniels and Trednick. This company has a strong presence in handling software piracy cases. GibbsCam is one of the products they enforce as far as intellectual...more

Epstein Becker & Green

Lamborghini Accused of Driving Away With Former Partner’s Trade Secrets

Prema Engineering S.r.l. (“Prema Engineering”) has accused automaker Automobili Lamborghini S.p.A. and Automobili Lamborghini America, LLC (collectively, “Lamborghini”) of stealing Prema Engineering’s intellectual property...more

McDonnell Boehnen Hulbert & Berghoff LLP

Navigating the Legal Landscape of AI-Generated Code: Ownership and Liability Challenges

Programming is rapidly transforming from a manual, line-by-line exercise into an iterative collaboration between programmers and their large language model (LLM) of choice. Working inside modern integrated development...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – U.S. Congress mulls moratorium on state-level AI regulations, U.S. Copyright Office releases report on copyright...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

McDermott Will & Emery

No Protectable Code: No Literal or Nonliteral Copying

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

Jones Day

UK Court Rules on Reverse Engineering of Mainframe Software

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IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more

ArentFox Schiff

Strategies for Safeguarding AI Innovation: Navigating the Complex IP Landscape for AI Technologies

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The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to...more

Smith Anderson

Copyright Liability Could Cost You and Your Business

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Businesses can unknowingly infringe others’ copyrights in all kinds of ways. It’s important for copyright holders to know their rights. It’s also important for those using copyrighted content to be aware of common pitfalls...more

Dorsey & Whitney LLP

What Makes an AI Generated Work “Original”?

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The emergence of generative artificial intelligence (AI) products in the past couple of years has significantly increased the capacity for individuals, businesses, and organisations to utilise AI to produce a wide range of...more

Vondran Legal

Tackling mobile application takedowns - the Musi vs Apple case

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It's never fun to see years and years of hard work go to waste. In particular, when you build an eCommerce site on a site like Etsy, Shopify, Amazon, or eBay, and get an email message or a letter informing you that you have...more

Wolf, Greenfield & Sacks, P.C.

Fair Use in AI Copyright Litigation: A Surprising Turn in Thomson Reuters v. Ross

From the pages of The New York Times to the…general counsel’s office of The New York Times, AI copyright litigation is all the rage. Possible questions include the philosophical—e.g. “Could an AI agent hold a copyright?”—but...more

Husch Blackwell LLP

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

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Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more

Lowenstein Sandler LLP

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

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On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s...more

BakerHostetler

What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

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The first 24 hours of punditry on Judge Stephanos Bibas’s summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the...more

Sheppard Mullin Richter & Hampton LLP

Court Definitively Rejects Fair Use Defense in AI Training Case

In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligence’s (“ROSS”), fair use and other defenses by vacating its previous stance and granting summary judgement in...more

Farella Braun + Martel LLP

Is Fair Use Threatening to Swallow Computer Copyright Protection?

This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace contractor, was accused of copying code from Teradyne, a competitor, in order to ensure...more

Morrison & Foerster LLP

Time to Assess the Damage: Implications from THJ Systems v. Sheridan

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Bitmanagement Software GmbH v. United States

In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more

McDermott Will & Emery

Just Compensation Based on Hypothetical Negotiation

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In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical...more

McDermott Will & Emery

Interoperability Doesn’t Imply Derivative Work

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The US Court of Appeals for the Ninth Circuit explained that to be a derivative work, a program interoperative with another must actually incorporate aspects of the underlying work. The Court further ruled that licensees of a...more

Kerr Russell

Is It Really Illegal for Me to Repair My Own Machines?

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In many cases, the answer is yes, but following a recently-adopted exemption to the Digital Millennium Copyright Act (DMCA), owners of certain retail-level machines are no longer forced to hire OEM-certified technicians to...more

Fenwick & West LLP

Interoperable or Infringing: Ninth Circuit Requires “Something More” for Rightsholders to Claim Derivative Works

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In a closely watched appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit recently vacated a permanent injunction from the District of Nevada against software provider Rimini. Oracle Int’l Corp. v. Rimini St.,...more

Jones Day

CJEU Clarifies Copyright Protection for Software Variables

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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

Morrison & Foerster LLP

To Scrape or Not to Scrape? First Court Decision on the EU Copyright Exception for Text and Data Mining in Germany

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

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The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

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