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)
…he said “I give you permission to take the API codebase to recreate heroku” (Heroku is a provider of database and other services). I proceeded to do that. Now here…
Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional
…and SPLC] * * * Prior AADC coverage: 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)…
Section 230 Protects Services That Permit Anonymous Third-Party Posts–Bride v. Snap
…of the Minnesota False Statement in Advertising Act; and (12) violation of California Business and Professions Code §§ 17200 & 17500.” The defendants successfully defend on Section 230 grounds. ICS…
My Amicus Brief in Gonzalez v. Google
…if/when the court grants cert. My next amicus brief will be in NetChoice v. Bonta, the constitutional challenge to California’s Age-Appropriate Design Code. My unexpectedly heavy docket of amicus briefs…