Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District Court for the District of Delaware by designation from the Third Circuit, held that U.S. copyright law did not permit Thomson Reuters’s now-defunct former competitor,
Court: Training AI Model Based on Copyrighted Data Is Not Fair Use as a Matter of Law
In what may turn out to be an influential decision, Judge Stephanos Bibas ruled as a matter of law in Thomson Reuters v. Ross Intelligence that creating short summaries of law to train Ross Intelligence’s artificial intelligence legal research application not only infringes Thomson Reuters’ copyrights as a matter of law but that the copying
PTAB Provides Some Clarity on Artificial Intelligence (AI) Obviousness in IPR Decision
In a decision that underscores the importance of prior art in the context of AI patents, the PTAB recently issued a final decision in Tesla, Inc. v. Autonomous Devices, LLC, IPR2023-01173 (PTAB January 3, 2025), invalidating all challenged claims of U.S. Patent Number 11,055,583 (the “’583 patent”). The case provides some insight into how the
Annual Super Bowl Post
My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement.
This year, demand for ad space was “robust” with some 30-second ad spots going for $8 million (up from around $7 million last year), according to
DeepSeek AI’s Security Woes + Impersonations: What You Need to Know
Soon after the Chinese generative artificial intelligence (AI) company DeepSeek emerged to compete with ChatGPT and Gemini, it was forced offline when “large-scale malicious attacks” targeted its servers. Speculation points to a distributed denial-of-service (DDoS) attack.
Security researchers reported that DeepSeek “left one of its databases exposed on the internet, which could have allowed malicious
Nation State Backed Groups Using AI for Malicious Purposes
The Google Threat Intelligence Group (GTIG) recently published a new report “Adversarial Misuse of Generative AI,” which is well worth the read. The report shares findings on how government-backed threat actors use and misuse the Gemini web application. Although the GTIG is committed to countering threats across Google’s platforms, it is also committed to sharing
Colorado’s AI Task Force Proposes Updates to State’s AI Law
Stemming from Colorado’s Concerning Consumer Protections in Interactions with Artificial Intelligence Systems Act (the Act), which will impose obligations on developers and deployers of artificial intelligence (AI), the Colorado Artificial Intelligence Impact Task Force recently issued a report outlining potential areas where the Act can be “clarified, refined[,] and otherwise improved.”
The Task Force’s mission
With Enough Human Contribution, AI-Generated Outputs May Be Copyright Protectable
After several months of delays, the U.S. Copyright Office has published part two of its three-part report on the copyright issues raised by artificial intelligence (AI). This part, entitled “Copyrightability,” focuses on whether AI-generated content is eligible for copyright protection in the U.S.
An output generated with the assistance of AI is eligible for
Assessing Inputs: Determining AI’s Role in US Intellectual Property Protections
The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its “Copyright and Artificial Intelligence” report, addressing the copyrightability of AI- or partially AI-made works. Both agencies appear to be walking a fine
Copyright Office Issues Second Report on Generative AI: Copyright Protection Requires Human Authorship, But What Does That Mean For Generative AI?
On January 29, 2025, the U.S. Copyright Office released Part Two of its planned reports on the intersection between copyright and generative Artificial Intelligence (“AI”). Titled “Part 2: Copyrightability,” the Report addresses a hot issue—the extent to which AI-generated outputs are entitled to copyright protection. The Report, after examining the existing legal framework—under which only