October 10, 2023 | New York Law Journal
Contracts for AI Applications: Protecting Privacy and DataThe rapid expansion of business and consumer applications that utilize artificial intelligence is a new challenge for counsel drafting or negotiating previously routine agreements for computer services. This article highlights some novel issues counsel must address when encountering systems that utilize AI.
By Peter Brown
10 minute read
August 07, 2023 | New York Law Journal
ChatGPT May Be Threatening Your Copyrights and PrivacyIn the eight months since the public release of ChatGPT4 the business and legal press have been captivated by its current skills and its potential for future applications. Here, Peter Brown discusses the legal theories asserted in several recent litigations involving Generative AI, with a specific focus on the copyright claims in 'Sarah Silverman v. OpenAI.'
By Peter Brown
9 minute read
July 10, 2023 | New York Law Journal
SCOTUS Rules Website Designer May Refuse To Serve Gay CouplesOn June 30, 2023, the Supreme Court in 303 Creative LLC v. Elenis allowed a website design company to refuse services to gay couples seeking design services for creating wedding websites. The decision by Justice Neil Gorsuch ruled that First Amendment rights of free speech limited the reach of public accommodations laws. The impact of this decision goes far beyond the rights of a small computer design firm.
By Peter Brown
9 minute read
June 12, 2023 | New York Law Journal
The EU's Digital Services Act Attempts to Tame Social MediaLike the U.S. government members of the European Union have observed troubling issues with social media and other Internet abuses. This article discusses how the EU has decided to aggressively address these abuses, including exercising regulatory control over social media companies, search engines and e-commerce companies.
By Peter Brown
9 minute read
April 10, 2023 | New York Law Journal
Free Internet Library Held To Infringe CopyrightsAs the COVID-19 pandemic caused public institutions, including libraries, to shut down, the Internet Archive launched the National Emergency Library (NEL) to operate until the end of the national emergency. The NEL offered access to millions of digitized books on its database, including thousands of contemporary works still under copyright. Four major book publishers filed suit in the Southern District seeking to enjoin IA and its free library system from infringing the publishers' copyrights for their books. This article discusses the case Hachette Book Group v. Internet Archive, where District Judge John Koeltl rejected all of IA defenses and granted the publishers' motion for summary judgment to enjoin IA's infringing activities.
By Peter Brown
7 minute read
February 10, 2023 | New York Law Journal
Fashion Model's Privacy Claims Arising From Internet PostingsPlaintiff filed suit in the Southern District of New York alleging violation of her right to "privacy" and/or "publicity" under §§50 and 51 of the New York Civil Rights Law. Her additional claims included violation of the Lanham Act, 15 U.S.C. §1051, unfair competition, breach of contract and fraud.
By Peter Brown
6 minute read
December 12, 2022 | New York Law Journal
If an Organization Exists Only in Computer Code, Can It Be Sued?This article will discuss how the cryptocurrency industry created DAOs and how they function. It will then explain how U.S. District Court Judge William W. Orrick permitted a unique use of technology to effectuate service.
By Peter Brown
7 minute read
November 07, 2022 | New York Law Journal
Can a Web Designer Refuse To Build a Gay Marriage Website?Given the current conservative composition of the Supreme Court, it is possible that claims of religious freedom may be utilized to limit the scope of anti-discrimination laws designed to confront the social issues which remain prevalent in our increasingly diverse nation.
By Peter Brown
8 minute read
October 07, 2022 | New York Law Journal
Fifth and Eleventh Circuits Clash on Free Speech and Social MediaTwo states, Texas and Florida, enacted legislation to control social media companies' discretion in removing controversial political, medical and opinion speech. Both sets of laws were subject to immediate legal challenges and this column has followed the progress of these litigations.
By Peter Brown
8 minute read
September 12, 2022 | New York Law Journal
Texas Social Media Law Reaches Supreme CourtA Supreme Court decision to uphold individual state's restrictions on social media editorial policies could have broad and unpredictable results on First Amendment rights.
By Peter Brown
8 minute read
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