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The Contents of Global Privacy Law Review, Volume 05, Issue 1, 2024

Kluwer Copyright Blog

The first litigations regarding data scraping for training of generative AI systems are starting now. The idea that there is no ownership to unprotected, non-personal, publicly available data coincides with some recent EU Member States rulings. LinkedIn Corp.

Privacy 56
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[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

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Who Owns a Disputed Social Media Account? – JLM v. Gutman

Technology & Marketing Law Blog

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

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Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Technology & Marketing Law Blog

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. The parties have vigorously litigated this case. ” Oof.

Contracts 108
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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. ” After 5 years of litigation, we still don’t know the answer to this important question. Eric’s Comments.

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If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox

Technology & Marketing Law Blog

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. ” Implications.

Contracts 128