Announcing the 2023 Edition of My Internet Law Casebook
…Code §502 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=502.&lawCode=PEN] Comparison of Trespass to Chattels Doctrines Intel v. Hamidi (Cal. Sup. Ct.) Register.com v. Verio (Trespass to Chattels section) V. Copyright Copyright Basics (Copyright Office Circular 1)…
How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)
…text, or make code all from a set of natural language text-based prompts using generative artificial intelligence (AI) platforms like DALL·E or Midjourney. But artists’ ability to own these works…
Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
…to so-called “embedded” images: HTML code that directs the user’s browser to display the linked-to image without further action from the user, rather than merely displaying a “hyperlink” that the…
U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)
…packages, classes, and methods in Oracle’s Java SE Application Program Interface (API) software, as embodied in thousands of lines of declaring code, was a fair use, where Google reimplemented those…
How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)
…out AI systems called Codex and Copilot. And while most of the code that was stored in the systems was likely marked “public” and was also open source, the code…
Privacy Law Is Devouring Internet Law (and Other Doctrines)…To Everyone’s Detriment
…Binance Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy Some Memes About California’s Age-Appropriate Design…
Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)
…Unconstitutional Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy Some Memes About California’s Age-Appropriate Design Code (AB 2273) An Interview Regarding AB 2273/the California Age-Appropriate…
Microsoft Can Terminate User Account for Allegedly Possessing CSAM. But What If It Made a Mistake?–Deutsch v. Microsoft
The plaintiff (a NY lawyer/financial executive?) allegedly uploaded CSAM to his Microsoft OneDrive folder in violation of Microsoft’s “Code of Conduct.” [Nomenclature note: CSAM is what used to be called…
Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance
…2023 WL 2788654 (S.D. Ill. April 4, 2023) Prior AADC coverage: Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional Five Ways That the California Age-Appropriate Design Code (AADC/AB…
Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)
…months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Flores v. Mitrakos, 22-CCB-0035, February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045, February 28,…