Reddit Challenges Anthropic’s Scraping to Create Generative AI Models (Guest Blog Post)
by guest blogger Kieran McCarthy With as much scraping as is happening for AI training and enhancement these days, it’s amazing to me that there aren’t more lawsuits happening over scraping. The legal headlines are more of a trickle than…
A Review of the NYT v. Microsoft AI-Copyright Ruling (Guest Blog Post)
by guest blogger Kieran McCarthy New York Times Co. v. Microsoft Corp., 2025 WL 1009179 (S.D.N.Y. April 4, 2025), might be the most important case pending on the legality of scraping public data to create training data sets to build…
A Takedown of the Take It Down Act
By guest blogger Prof. Jess Miers (with additional comments from Eric) Two things can be true: Non-consensual intimate imagery (NCII) is a serious and gendered harm. And, the ‘Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and…
Photos in a Similar Style Aren’t Copyright-Infringing–Woodland v. Lil Nas X
The court summarizes the case: Rodney Woodland, a freelance artist and model, posts semi-naked photographs of himself in different poses on Instagram. Montero Lamar Hill, better known as the recording artist Lil Nas X, also has an Instagram account—and he,…
Price Lists Aren’t Copyrightable–Rapaport v. Nivoda
This case involves diamond prices. The plaintiff Rapaport publishes a weekly subscription-only price list of diamonds based on various attributes. This publication serves as an industry benchmark. The defendant Nivoda is an online retailer[FN] that displays how its prices are…
Rounding Up Some Recent Copyright Decisions
A few recent copyright cases worthy of blog coverage, but not worthy of a standalone post. Omnia Studios Ltd. v. JD E-Commerce America Ltd., 2025 WL 961473 (W.D.N.Y. March 31, 2025) This case involves the service Joybuy, which listed items…
SAD Scheme-Style Case Falls Apart When the Defendant Appears in Court—King Spider v. Pandabuy
The parties’ names make this case sound more like a Hollywood blockbuster movie than a SAD Scheme-like case. This suit isn’t a classic SAD Scheme case because the plaintiffs went after the marketplace, not the merchants. This case involves the…
Viral DRM Awarded Damages for Its 512(f) Claims, But At What Cost?
Viral DRM is a copyright enforcement agency focused on extreme weather videos. The first time I blogged about them, they brought a SAD Scheme suit that initially resulted in an ex parte TRO. However, the case fell apart on further…
Roblox Faces Potentially Unlimited Copyright Liability—Robinson v. Binello
This case involves the Maple Leaf Rag song, composed by Scott Joplin. Even if you aren’t a ragtime aficionado, you may have heard this tune. Joplin’s song is in the public domain now. The plaintiff Robinson made a recording of…
Rounding Up Recent Copyright and AI Rulings
It’s been a busy two weeks for copyright and AI cases. Thaler v. Perlmutter, No. 23-5233 (D.C. Cir. March 18, 2025) This case involved the completely AI-generated work, “A Recent Entrance to Paradise”: The copyright applicant, Thaler, disclaimed any human…