+++Danish Media Association sues Google over Job Search Results
+++OpenAI sued over Failed Subject Access Request under the EU’s General Data Protection Regulation (GDPR)
+++Radio Host sues OpenAI for Defamation over ChatGPT Misinformation
+++Texas Court orders Injunction of Age Verification Law to Comply with First Amendment
Danish Media Association sues Google over Job Search Results
The Danish Media Association has sued Alphabet (Google) on behalf of Jobindex, a Danish job-search platform, which alleges copyright violations. Jobindex claims that Google copied job ads to its platform without obtaining permission. The lawsuit is significant as it’s the first lawsuit under new EU Copyright rules, specifically EU Copyright Directive Article 17 which took effect in 2021. Jobindex calls for fair competition and equal terms. Google, on the other hand, maintains that its Jobs function in Google Search simplifies job searches and respects the choices of job providers, whether big or small.
Read the full report on reuters.com.
OpenAI sued over Failed Subject Access Request under the EU’s General Data Protection Regulation (GDPR)
OpenAI’s compliance with European privacy regulations is challenged in a lawsuit by Polish cybersecurity researcher Lukasz Olejnik. Olejnik alleges that its ChatGPT language model violates various provisions of the EU’s GDPR, including transparency, fairness, data access rights, and privacy by design. Olejnik’s complaint stems from his discovery that a biography generated by ChatGPT about himself contained errors, and when he requested data under GDPR, significant information was missing. This lawsuit follows concerns about ChatGPT’s GDPR compliance, including a temporary ban in Italy and investigations in Germany, France, Spain, and Canada. In the U.S., authors have also sued OpenAI over training data issues. The case is filed by law firm GB Partners, aiming to ensure OpenAI demonstrates compliance with GDPR.
Read the full report on forbes.com.
Radio Host sues OpenAI for Defamation over ChatGPT Misinformation
American talk radio host Mark Walters filed a defamation lawsuit against OpenAI in the Superior Court of Gwinnett County, Georgia. A journalist used OpenAI’s ChatGPT to research the proceedings of the Second Amendment Foundation (SAF) v. Washington State Attorney General Robert Ferguson when ChatGPT completely disregarded the initiated prompts and started to return a fabricated summary that stated Mark Walters used to be the SAF’s Chief Financial Officer and he embezzled funds while holding this position. These errors are often referred to as “hallucinations” and usually occur due to limitations of AI’s training data, model architecture, or the data they have been exposed to during the learning process.
Read the full report on theverge.com.
Read the case Walters v OpenAI LLC, Superior Court, Gwinnett County, State of Georgia, No. 23-A-04860-2.
Texas Court orders Injunction of Age Verification Law to Comply with First Amendment
A Texas judge has issued an injunction to delay the enforcement of an online age verification bill, HB 1181. The bill would have required adult websites to verify users’ ages and display a public health warning about the potential consequences of accessing explicit material. The Free Speech Coalition and adult video sites like Pornhub challenged the bill, arguing it violated the First Amendment and Section 230 rights. The judge agreed, stating that while protecting children from explicit material is essential, the law must align with established First Amendment doctrine. Several states have enacted similar laws, but privacy concerns and enforcement challenges have arisen. This decision in Texas differs from precedents set in other states, but similar bills are under consideration elsewhere.
Read the full report on techcrunch.
Read the full text of House Bill 1181.
Read the full text of the Kids Online Safety Act (KOSA).
Read the injunction Free Speech Coalition, Inc. v. Colmenero, U.S. District Court, Western District of Texas, No. 1:23-cv-00917.
- Digital Services Act: “The EU’s Digital Services Act goes into effect today: here’s what that means” (by The Verge)
- Antitrust Law: “Google escapes Play Store class action after finding more persuasive expert” (by Ars Technica)
- Copyright Law: “Copyright Law and Generative AI: What a mess” (by ABA Journal)
- Copyright Law: “The US Copyright Office just took a big step toward new rules for generative AI” (by Business Insider)
- LegalTech: “The legal issues presented by generative AI” (by MIT Sloan)
In Other News (or publications you should read)
- Richard Allen’s regulate.tech blog: How to regulate the internet without breaking it
- Benjamin Wittes, Robert Chesney, Jack Goldsmith’s lawfare: Hard national security choices
- Julie Zerbo’s the fashion law (TFL)
- Justin Hendrix’ tech policy press: technology and democracy.
- Eugene Volokh: The Volokh Conspiracy