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Why Generative AI is Doomed

Technology & Marketing Law Blog

As a result, I hope these remarks spark some discussion and reflection among the advocates for more regulation/”governance” of Generative AI. Materials from my talk: The paper The video The image repository (all in the public domain per prevailing copyright law !)

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

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Book Review: Intellectual Property and the Design of Nature

The IPKat

The other two chapters turn to the conceptualisation of nature in patent law. Long before the Plant Patent Act of 1930 , the booming market for seeds in nineteenth century America brought with it a proliferation of "thieves of names and novelties."

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IP as a political instrument in Russia

The IPKat

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia. International license.

IP 132
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Copyright for AI-generated works: a task for the internal market?

Kluwer Copyright Blog

Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about. One important question has been whether copyright law should be extended in order to protect such works. Importantly, copyright law is equally about culture.

Marketing 111
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Algorithmic propagation: do property rights in data increase bias in content moderation? Part I

Kluwer Copyright Blog

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Second, although mere facts and data as such are not protected by copyright, their extraction from protected subject matter (works, non-original databases, etc.) Scenario (1): Public Domain.