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Digital Media

Jul 2024

NetChoice v. Moody: A Strong Statement of First Amendment Rights, But the Devil is in the Details

Jeff Hermes

On the surface, this ruling appears to ensure that the First Amendment protects the editorial discretion of platforms just as it has protected the editorial discretion of newspapers. But with a caveat in a concurrence from Justice Barrett and comments from the other four justices challenging the Court’s decision to apply the law based on…

Jun 2024

Federal Court Holds That Copyright Act Preempts X’s Web Scraping Claims

Jeremy Goldman

In a blockbuster ruling that is bound to have far-reaching implications, including in the swarm of copyright infringement cases brought against AI platforms, a California federal court recently dismissed a complaint that X Corp. brought against web scraping company Bright Data.

Jun 2024

AI and Child Safety Lead Discussion at 2024 MLRC Digital Conference

Michael Norwick

Much of the content of this year’s conference encompassed two red hot topics: the uncertainty and quickly evolving issues surrounding generative AI, and the wave of legislation and litigation in the name of child safety.

May 2024

With the ELVIS Act, Tennessee Shows its Burning Love for Recording Artists

David Zeitlin and Robb Harvey

Tennessee, home to both Music City® (Nashville) and the Blues (Memphis), has taken a swing at regulating generative AI’s potential harm to musicians and recording artists.

Apr 2024

Authors’ Vicarious Infringement Claims Against ChatGPT Dismissed

Matt Kristoffersen

The U.S. District Court for the Northern District of California recently dismissed most of a collection of claims brought by a group of authors against OpenAI, alleging that the artificial intelligence company infringes their copyright when it uses their works to train its large language model ChatGPT.

Apr 2024

The Supreme Court Rules on Social Media Blocking

Jeff Hermes

In a unanimous ruling, the U.S. Supreme Court enunciated the standards by which a court should determine whether a public official’s action in preventing someone from commenting on the official’s social media page constitutes state action.

Mar 2024

The Supreme Court Hears the NetChoice Cases

Jeff Hermes

Whatever happens here, it seems unlikely that we will see a straight thumbs-up or thumbs-down on the constitutionality of the state laws.

Dec 2023

Why MLRC Filed an Amicus Brief at the Supreme Court

Jeff Hermes

The NetChoice cases could be as fundamental to the future of online discourse as Times v. Sullivan has been to journalism.

Jul 2023

“Server Test” Is Reaffirmed (For Now) in Hunley v. Instagram

Jim Rosenfeld and Raphael Holoszyc-Pimentel

The server test has been the law in the Ninth Circuit since 2007, but in recent years it has come under attack in lower courts in other jurisdictions.

Jun 2023

How AI “Hallucinations” Could Inflict Real-World Pain for Users

Lyndsey M. Wajert

In filing a complaint many have dubbed “the first of its kind,” a radio host in Georgia recently sued for defamation the company behind the much-buzzed-about artificial intelligence chat platform ChatGPT. And while the concept of suing an AI developer for an intent-based tort may be quite novel, the facts at issue highlight some familiar…