Tag: Codifying Chaos

+++ Universal Sues Anthropic Over Unlicensed, AI-Generated Music Lyrics
+++ Bad Bunny, J Balvin Face Copyright Lawsuit Over “Fish Market” Drum Pattern
+++ Costco Sued Over Sharing Consumer Data With Facebook Through Meta Pixel Tracking
+++ Book Author Beats Copyright Infringement Platform; Setting Concerning Precedent
+++ Google Attempts To Dismiss Lawsuit Over Scraping User Data To Train Its BARD AI

Universal Sues Anthropic Over Unlicensed, AI-Generated Music Lyrics
Record label Universal Music Group and other music publishers have filed a lawsuit against AI company Anthropic for distributing copyrighted lyrics through its AI model Claude 2. The complaint claims that Claude 2 can generate lyrics almost identical to popular songs without proper licensing, including songs by Katy Perry, Gloria Gaynor, and the Rolling Stones. The complaint also alleges that Anthropic used copyrighted lyrics to train its AI models. The music publishers argue that while sharing lyrics online is common, many platforms pay to license them, while Anthropic omits critical copyright information. Universal Music Group accuses Anthropic of copyright infringement and emphasizes the need to protect the rights of creators in the context of generative AI. 

Read the full report on Axios. 
Read the full report on ArsTechnica.
Read the case Universal Music Group et alia v. Anthropic PBC, U.S. District Court for the Middle District of Tennessee, Nashville Division, No. 3:23-cv-01092 

Bad Bunny, J Balvin Face Copyright Lawsuit Over “Fish Market” Drum Pattern
Influential reggaeton artists Bad Bunny and J Balvin face copyright infringement claims for illegally copying or sampling an instrumental percussion track called “Fish Market,” created by Jamaican producers Steeely & Clevie in 1989. The lawsuit alleges that the distinctive drum pattern from “Fish Market” has been used by reggaeton artists without proper licensing and has become the foundation of the reggaeton genre. The artists’ defense argument is about the scope of the lawsuit. It is unclear about what works the plaintiffs own and whether a rhythm like “Fish Market” is entitled to protection under U.S. copyright law. The judge expressed concerns about the impact of copyright protection on creative activity in music, specifically the reggaeton genre.

Read the full report on Rolling Stone. 
Read the case Cleveland Browne/ Estate of Wycliffe Johnson et al v. Benito Martínez Ocasio (aka Bad Bunny) and José Álvaro Osorio Balvin (aka J Balvin) et alia, U.S. District Court for the Central District of California, No. 2:21-cv-02840-AB-AFM 

Costco Sued Over Sharing Consumer Data With Facebook Through Meta Pixel Tracking
A lawsuit filed against Costco alleges that the company shared users’ private communications and health information with Meta (Facebook’s parent company) without their consent. The lawsuit claims that Costco used Meta Pixel, which allows companies to track website visitor activity, in the healthcare section of its website. Users’ personal and health information was made accessible to Meta through this tracking pixel. The lawsuit alleges that using tracking services like Pixel violates privacy. It further alleges that Meta could monetize the information by selling ads to insurance companies looking to market to tracked customers. 

Read the full report in The Seattle Times. 
Read the case Castillo, Knowles, Rodriguez, Throlson v. Costco Wholesale Corporation, U.S. District Court for the Western District of Washington at Seattle, No. 2:23-cv-01548

Book Author Beats Copyright Infringement Platform; Setting Concerning Precedent
Self-published author Russel Greer successfully sued Kiwi Farms, a website known for cyberattacks, for copyright infringement of his book “Why I Sued Taylor Swift and How I Became Falsely Known as Frivolous, Litigious and Crazy”. Greer’s book was copied and distributed on Kiwi Farms without his permission. Greer sent a DMCA takedown notice, but Kiwi Farms didn’t comply and posted the notice. Greer sued Kiwi Farms for contributory copyright infringement. The lower court saw Greer’s claims to be unsubstantiated, but after appeal, the court found Kiwi Farms had direct copyright infringement, knowledge of it, and materially contributed to it. 

Read the full report on Ars Technica.
Read the full blog post by Eric Goldman. 
Read the appellate case Russell Greer v. Joshua Moon & Kiwi Farms, United States Court of Appeals for the Tenth Circuit, No. 21-4128

Google Attempts To Dismiss Lawsuit Over Scraping User Data To Train Its BARD AI
Google is seeking the dismissal of a proposed class action lawsuit in California that alleges the company violated people’s privacy and property rights by scraping data for training AI systems. Google argues that using public data is essential for training generative AI systems and that the lawsuit would be detrimental to the development of AI. The lawsuit was filed by eight unnamed individuals who claim Google misused content from social media and its platforms for AI training. Google’s general counsel called the lawsuit “baseless” and stated that US law allows the use of public information for beneficial purposes. Google also contended that it followed fair use copyright law in using certain content for AI training.

Read the full report on Reuters. 
Read the case J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440.

Read the motion to dismiss J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440-AMO. 

More Headlines

• AI: A.I. May Not Get a Chance to Kill Us if This Kills It First (by Slate) 
• AI: Religious authors allege tech companies used their books to train AI without permission (by The Hill) 
• AI: Rising AI Use Paired With Layoffs Invites Age Bias Litigation (by Bloomberg Law)
• Antitrust: Amazon Offered to Settle California Antitrust Suit in 2022 (by Bloomberg)
• CDA230: Big Tech’s Favorite Legal Shield Takes a Hit (by The Hollywood Reporter) 
• Crypto: Cryptocurrency firms sued over ‘$1bn investor fraud’ by New York state (by Guardian)
• Cybersecurity: Who’s Afraid of Products Liability? Cybersecurity and the Defect Model (by Lawfare)
• Data Privacy: The new EU-US data agreement is facing familiar privacy challenges (by The Hill) 
• Data Privacy: Meta shareholder lawsuit over user privacy revived by appeals court (by Reuters) 
• Data Privacy: US senator asks 23andMe for details after reported data for sale online (by Reuters)
• Net Neutrality: FCC moves ahead with Title II net neutrality rules in 3-2 party-line vote (by Ars Technica)
• Social Media: Elon Musk’s X fined $380K over “serious” child safety concerns, watchdog says (by Ars Technica) 
• Social Media: TikTok’s Trials and Tribulations Mount (by Tech Policy Press)
• Social Media: Is ‘Xexit’ nigh? Elon Musk denies talking about pulling X from the EU, but he may not have a choice (by Fortune) 

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
• Eric Goldman’s Technology & Marketing Law Blog

This post originated from my publication Codifying Chaos.

+++Utah Sues TikTok Over Its “Addictive Nature” That Harms Children
+++FCC Fines Dish Television Network Over Satellite Space Debris
+++Yoga App Developer Sues Meta Over Collusion To Kill VR App 
+++EU Requests X’ Compliance With Digital Service Act In Light Of Israel-Hamas Misinformation

Utah Sues TikTok Over Its “Addictive Nature” That Harms Children
Utah’s Division of Consumer Protection is suing TikTok, alleging the app’s addictive nature harms children and that it hides its connection to its Chinese parent company, ByteDance. The lawsuit claims TikTok violates the Utah Consumer Sales Practices Act, demands a jury trial, and seeks an injunction, legal fees, restitution, damages exceeding $300,000, and $300,000 in civil penalties. 

Read the full report on The Verge. 
Read the case Utah Consumer Protection Agency v. TikTok, U.S. District Court for the County of Salt Lake. 

FCC Fines Dish Television Network Over Satellite Space Debris
The FCC imposed a $150,000 fine on Dish for failing to move a satellite to a safe orbit, marking a significant step in addressing space debris concerns. The fine affected Dish’s reputation, causing a 4% drop in its share price, serving as a warning to other companies. This action may boost the market for commercial space debris removal services and encourage other countries to take similar measures. With the growing number of satellites in orbit, managing space debris is essential to prevent collisions. Dish admitted liability, and the FCC could impose higher fines in the future. This reflects a trend of enforcing compliance with licensing requirements to address space debris issues.

Read the full report on MIT Technology Review. 
Read the order FCC v. Dish Operating LLC, No. DA 23-888

Yoga App Developer Sues Meta Over Collusion To Kill VR App 
Meta is facing a lawsuit from a software developer, Andre Elijah, who alleges that the company canceled his virtual reality yoga app, AEI Fitness, just before its launch upon learning of his discussions with Apple and ByteDance. Elijah claims that Meta’s actions cost him potentially tens of millions in the growing VR fitness app market. The lawsuit accuses Meta of trying to control the VR headset and app distribution market, which could limit innovation and consumer choice. Elijah is seeking $3.2 million and substantial lost revenue.

Read the full report on Fortune.
Read the case Andre Elijah Immersive Inc. v. Meta Platforms Technologies LLC, U.S. District Court for the Northern District of California, No. 5:23-cv-05159.

EU Requests X’ Compliance With Digital Service Act In Light Of Israel-Hamas Misinformation
The European Union has escalated scrutiny of Elon Musk’s company, X (formerly Twitter), after reports of illegal content and disinformation related to the Israel-Hamas conflict circulated on the platform. The EU issued a formal request for more information, which may lead to a formal investigation under the Digital Services Act (DSA). Non-compliance could result in fines of up to 6% of annual turnover and service blocking. X’s compliance with DSA rules, including content moderation, complaint handling, risk assessment, and enforcement, is under review. The company has until October 18 to provide information, and the EU will assess the next steps based on X’s response. 

Read the full report on TechCrunch. 
Read the press release by the European Commission requesting X to comply with the Digital Services Act. 

More Headlines

• Right To Repair Act: Right-to-repair is now the law in California (by The Verge) 
• Data Privacy: Apple AirTags stalking led to ruin and murders, lawsuit says (by ArsTechnica)
• AI: This Prolific LA Eviction Law Firm Was Caught Faking Cases In Court. Did They Misuse AI? (by LAist) 
• Online News Act: Canada news industry body backs Google’s concerns about online news law (by Reuters)
• Data Privacy: What we know about the 23andMe data breach (by San Francisco Business Times) 
• Data Privacy: Delete Act signed by Gavin Newsom will enable residents to request all data brokers in the state remove their information (by Guardian) 

In-Depth Reads

• How a billionaire-backed network of AI advisers took over Washington (by Politico) 
• The AI regulatory toolbox: How governments can discover algorithmic harms (by Brookings) 

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

This post originated from my publication Codifying Chaos.

+++ SEC Sues Elon Musk Over Twitter Purchase 
+++ College Graduate Sues Elon Musk For Defamation
+++ Update: Thomson Reuters’ Copyright Lawsuit Against Ross Intelligence Over Westlaw

SEC Sues Elon Musk Over Twitter Purchase 
The Securities and Exchange Commission (SEC) is seeking a court order to compel Elon Musk to comply with an administrative subpoena. Musk had been scheduled to testify as part of an SEC investigation into his 2022 purchases of Twitter stock and his related statements and filings. However, he failed to appear for his scheduled testimony, citing various objections, including the location of the testimony. 

Read the full report on The Hill. 
Read the case SEC v. Elon Musk, U.S. District Court for the Northern District of California, No. Case 3:23-mc-80253-LB. 

College Graduate Sues Elon Musk For Defamation
Benjamin Brody is suing Elon Musk for falsely accusing him of being involved with a neo-Nazi group during a brawl between right-wing extremist groups at a Pride event in Portland, Oregon. The lawsuit claims that Musk has a pattern of making reckless false statements that harm innocent third parties and promote disinformation. The incident involves a viral video of the street fight, where Brody was wrongly identified as one of the participants. Musk’s tweets amplified these false accusations, causing panic, fear, and depression for Brody. He is seeking damages of at least $1 million, a jury trial, and a judgment to clear his name.

Read the full report on NPR.
Read the case  Benjamin Brody v. Elon Musk, District Court of Travis County.  

Update: Thomson Reuters’ Copyright Lawsuit Against Ross Intelligence Over Westlaw
Thomson Reuters accuses the now defunct AI startup, Ross Intelligence, of unlawfully copying content from its legal research platform, Westlaw, to train a competing AI-based platform. The case is moving forward to be heard by a jury to determine, among other allegations, whether scraping Westlaw’s “headnotes”, which are curated legal case summaries, without proper licensing or permission was a misuse of Westlaw. 

Read the full report on Reuters.
Read the case Thomson Reuters and West Publishing v Ross Intelligence, U.S. District Court for the District of Delaware, No. 1:20-cv-00613-SB.

More Headlines

• Data Privacy: “UK Information Commissioner issues preliminary enforcement notice against Snap” (by ICO)
• Data Privacy: “Australian federal police officers’ details leaked on dark web after law firm hack” (by Guardian)
• Data Privacy: “Child online safety laws will actually hurt kids, critics say. Why child online safety is so complicated” (by MIT Technology Review)
• Data Privacy: “The TikTok ban isn’t Montana’s only new tech privacy law” (by MTFP)
• Social Media: “What’s at stake in the Supreme Court’s landmark social media case” (by TechCrunch)
• Deepfakes: “Lawmakers question Meta and X on how they’ll police AI-generated political deepfakes” (by LA Times)
• AI: “Governments race to regulate AI tools” (by Reuters)
• AI: “Spotify boss urges UK to enact tougher regulation of tech gatekeepers” (by Financial Times)
• AI: “Disney Has No Comment on Microsoft’s AI Generating Pictures of Mickey Mouse Doing 9/11.” (by Futurism)

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

This post originated from my publication Codifying Chaos.

+++ FTC Sues Amazon Over Monopoly 
+++ SCOTUS To Hear Copyright Statute Of Limitations Case Against Rapper Flo Rida
+++ H&R Block, Google, Meta Hit With RICO Class-Action Lawsuit Over Illegal Scraping Of Taxpayer Data

FTC Sues Amazon Over Monopoly 
The Federal Trade Commission and 17 State Attorneys General have filed a lawsuit against Amazon accusing the e-commerce behemoth of being a monopolist that uses unfair tactics to maintain its dominance illegally. Allegedly, Amazon’s actions prevent rivals and sellers from lowering prices, reducing product quality, overcharging sellers, hindering innovation, and impeding fair competition. Amazon allegedly engages in exclusionary practices that stifle competitors. These practices impact billions of dollars in retail sales, numerous products, and millions of shoppers. The lawsuit aims to hold Amazon accountable for these monopolistic practices and restore fair competition by seeking a permanent injunction.

Read the full press release by the FTC.
Read the full report in the Washington Post.
Read the full academic paper by Lina M. Khan titled “Amazon’s Antitrust Paradox”.
Read the case FTC et al v. Amazon, U.S. District Court, Western District of Washington, No. 2:23-cv-01495. 

SCOTUS To Hear Copyright Statute Of Limitations Case Against Rapper Flo Rida
The U.S. Supreme Court has agreed to clarify the time period during which plaintiffs can seek damages in copyright claims. This case involves a Miami music producer, Sherman Nealy, who sued Warner Music’s Atlantic Records label over the use of a 1980s song in a 2008 Flo Rida track. Nealy argues that his record label owns the rights to the song and that the licenses given to the defendants were invalid because he did not give permission while he was incarcerated. SCOTUS will address the conflicting rulings of lower courts on the time limit for seeking damages in copyright cases. This case is set to be heard in the upcoming court term.

Read the full report on The Hollywood Reporter.
Read the full docket Warner Chappell Music v. Sherman Nealy, U.S. Supreme Court, No. 22-1078.

H&R Block, Google, Meta Hit With RICO Class-Action Lawsuit Over Illegal Scraping Of Taxpayer Data
Trial lawyer R. Brent Wisner is suing H&R Block alleging the tax firm collaborated with Meta and Google to use “spyware” on its website for profit from scraped taxpayer data. The class-action suit is filed under the Racketeer Influenced and Corrupt Organizations Act (RICO), claiming a pattern of racketeering tantamount to the mafia. It argues that these companies failed to inform consumers about data sharing and engaged in deceptive practices. A congressional report revealed H&R Block shared data through tracking pixels, potentially violating data privacy laws. The lawsuit cites tax code limitations on data use. The FTC recently warned H&R Block about data usage without consent.

Read the full report on Gizmodo.
Read the case Justin Hunt v. Meta Platforms, Google, H&R Block, U.S. District Court for the Northern District of California, No. 3:23-cv-04953.

More Headlines

• Digital Services Act: “EU Court Says Amazon Is Not a ‘Very Large Online Platform,’ for Now” (by Gizmodo) 
• Digital Services Act: “Elon Musk’s X headed for ‘rule of law’ clash with EU, warns Twitter’s former head of trust & safety” (by TechCrunch)
• Free Speech: “SCOTUS to decide if Florida and Texas social media laws violate 1st Amendment” (by Ars Technica) 
• Free Speech: “New York’s Hate Speech Law Violates the First Amendment” (by Cato)
• Copyright Law: “Jay-Z, Timbaland, Ginuwine Win Years-Long Copyright Infringement Suit Over “Paper Chase” and “Toe 2 Toe” (by American Songwriter)
• Copyright Law: “Ed Sheeran Wins ‘Thinking Out Loud’ Copyright Trial” (by Rolling Stone)
• Copyright Law: “Yung Gravy and Rick Astley Settle Vocal Impersonation Lawsuit” (by Billboard)
• Data Privacy: “IBM and Johnson & Johnson Health Care Systems Sued Over August 2023 Data Breach” (by HIPPA Journal)
• Data Privacy: “Enforcement of California’s Age-Appropriate Design Code Act Is Put on Ice — for Now” (by JD Supra)
• Data Privacy: “Revealed: US collects more data on migrants than previously known” (by Guardian) 
• Data Privacy: “Honeywell facing multiple lawsuits over data breach” (by WCNC)
• Data Privacy: “Donald Trump Sues Former British Spy in London Data Lawsuit” (by Bloomberg)

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

This post originated from my publication Codifying Chaos.

+++ Authors Guild Sues OpenAI Over Systematic Copyright Infringement
+++ Metabyte Sues Meta Platforms FKA Facebook Over “Meta” Trademark
+++ Family Sues Alphabet After Man Died Following Google Maps Directions
+++ Court Dismisses Tiger King Tattoo Lawsuit Against Netflix Over Alleged Copyright Infringement 

Authors Guild Sues OpenAI Over Systematic Copyright Infringement
The Authors Guild, representing prominent authors like George R.R. Martin, Jonathan Franzen, and John Grisham, has sued OpenAI for using their novels and original work to train ChatGPT without their permission or license. The authors claim that OpenAI has created infringing works that can summarize, analyze, and generate derivative works based on their novels, competing with their original works. The lawsuit is the third one against OpenAI over this issue, following similar suits by authors Paul Tremblay and Sarah Silverman. The authors argue that OpenAI obtained the novels from illegal online libraries and that ChatGPT facilitates the creation of infringing fan fiction by businesses and users. The authors seek an injunction and damages from OpenAI. 

Read the full report on The New York Times.
Read the full report on The Hollywood Reporter.
Read the case Jonathan Franzen, John Grisham, George R.R. Martin, Jodi Picoult, George Saunders et alia v. OpenAI, U.S. District Court, Southern District of New York, No. 1:23-cv-08292. 

Metabyte Sues Meta Platforms FKA Facebook Over “Meta” Trademark
Metabyte, a California-based company that provides staffing and tech services, has filed a trademark lawsuit against Meta Platforms, the new name of Facebook. Metabyte claims that it has been using its name since 1993 and has registered trademarks for it since 2014. It argues that Meta Platforms’ name change and rebranding will confuse consumers, as both companies offer related services and cover overlapping geographic areas. Metabyte seeks to stop Meta Platforms from using the name Meta and asks for damages and profits from the alleged infringement. The lawsuit comes after the two companies failed to reach an agreement on coexisting with their respective names.

Read the full report on Reuters.
Read the case Metabyte Inc v. Meta Platforms Inc, U.S. District Court for the Northern District of California, No. 4:23-cv-04862.

Family Sues Alphabet After Man Died Following Google Maps Directions
The family of a North Carolina man who tragically drove off a collapsed bridge while following Google Maps directions is suing Google for negligence. The bridge had collapsed nine years earlier. Philip Paxson died in September 2022 after his car plunged 20 feet into a washed-out creek. His family claims Google was aware of the bridge’s condition but failed to update its navigation system. Despite numerous warnings from the public, Google allegedly did not take action to correct the route information. The lawsuit names several private property management companies as responsible for the bridge, which had not been maintained or properly barricaded for years.

Read the full report on Associated Press.
Read the full report on Ars Technica. 
Read the case Paxson v. Google, Superior Court of the State of North Carolina for the County of Wake, No. 23CV026335-910.  

Court Dismisses Tiger King Tattoo Lawsuit Against Netflix Over Alleged Copyright Infringement 
A federal judge has ruled that Netflix did not infringe the copyright of a tattoo artist who claimed that the streaming service used his photo of a tiger tattoo without his permission in the documentary series “Tiger King”. The judge found that Netflix had a fair use defense because the photo was used for a transformative purpose and did not harm the market value of the original work. The judge also dismissed the artist’s claims of false designation of origin and unfair competition. 

Read the full report on Law.com.
Read the case Cramer v. Netflix et al, U.S. District Court for the Western District of Pennsylvania, No. 3:22-cv-00131-SLH.

More Headlines

• Copyright Law: “Musicians are eyeing a legal shortcut to fight AI voice clones” (by The Verge)
• Data Privacy: “Papa John’s Defeats Suit Over Session Replay Software on Website” (by Bloomberg Law)
• Data Privacy: “Hunter Biden files lawsuit against IRS alleging privacy violations” (by CBS News)
• Data Privacy: “Poland investigates OpenAI over privacy concerns” (by Reuters) 
• Legal Practice: “Break the Law or Leave No Record, California Courts Face Dilemma” (by Bloomberg Law)
• Antitrust Law: “Microsoft, Google and Antitrust: Similar Legal Theories in a Different Era” (by New York Times)

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

This post originated from my publication Codifying Chaos.