The US class action against Google Bard (J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT (here) (“Generative…
Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri). Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia (Thaler vs Perlmutter, Civil Action…
Introduction One of the main contentious points when artificial intelligence, deep learning or machine learning (for the distinction between these functionalities, see here) are used for generating creative works is the question of attribution of works to an author, usually a human who has used the tech tool with some level of involvement in the…
Introduction: Generative AI regulatory framework There is a huge debate around Generative AI and the need to regulate such disrupting technology (see here and here). Very different approach has been adopted in the European Union, which is going to introduce by the end of 2023 a EU AI Act (here), in the UK, which is…
Introduction In a previous post on this Blog, we analysed the EU case law relating to the emerging services of Cloud Service Providers (C-265/16, V-CAST), as well as the impact of the new EU Directive on copyright in the Digital Single Market (CDSM). More specifically, in the case between V-Cast and RTI, the CJEU ruled that…
Italian case law on dynamic injunctions and the impact of piracy of live sport events In previous posts on this Blog we have analyzed some developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet and the use of the dynamic injunction, with special focus on…
In the last few months of 2020 there have been further developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet. 1. New Italian case law against Content Delivery Network (CDN) operators In a 2019 post on this Blog (here), we analysed the impact of illegal…
1. Italian Case Law on Fast Injunctions The impact of the illegal distribution of audiovisual content is growing (see, for Italy, the report issued in 2019 by FAPAV Federation for the protection of audiovisual and multimedia content). IP enforcement is an important part of the reaction against this illegal phenomenon. In 2019, some important improvements…
Introduction Cloud Services are often used for communicating, distributing and reproducing digital content, since IP based devices are nowadays a common means for exploiting such content and the IP connection between client devices and servers is made simpler with the use of virtualized resources in Cloud. We noted in a previous post (see here) that…
Introduction AGCOM is the Italian independent and convergent regulatory authority, established in 1997 by Law no. 249/1997 as the national media regulatory body. On 16th October 2018, AGCOM approved the deliberation no. 490/18/CONS (available here) which introduces some modifications and integrations to the Regulation on copyright enforcement in electronic communications networks (“AGCOM Regulation” or simply…
