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Articles by Daniel Lass
Terms of Service Just Got Teeth: Reddit's Scraping Suit Against Anthropic Survives | JD Supra
Last week, a federal District Court judge largely rejected Anthropic's demurrer to Reddit's suit accusing it of improperly gathering user content to train its AI model Claude. Reddit, Inc. v. Anthropic PBC, No. 3:25-cv-05643 (N.D. Cal. Sept. 19, 2026). In the 2025 lawsuit, Reddit accused Anthropic of breach of contract, interference with contract, and unfair competition when it learned that Claude was scraping content, including user data, off Reddit's platform to help train the model.
Terms of Service Just Got Teeth: Reddit’s Scraping Suit Against Anthropic Survives
Last week, a federal District Court judge largely rejected Anthropic’s demurrer to Reddit’s suit accusing it of improperly gathering user content to train its AI model Claude. Reddit, Inc. v. Anthropic PBC, No. 3:25-cv-05643 (N.D. Cal. Sept. 19, 2026). In the 2025 lawsuit, Reddit accused Anthropic of breach of contract, interference with contract, and unfair competition when it learned that Claude was scraping content, including user data, off Reddit’s platform to help train the model.
EU AI Act Update: Omnibus Talks Stall, but Clock is Still Ticking
Talks between European Union legislators broke down on Wednesday as they tried to agree on proposed amendments to the EU AI Act. At the center of the debate is the Digital Omnibus on AI, first introduced in November 2025, which would delay several key compliance deadlines under the Act. If approved, the Digital Omnibus would push back the compliance date for high-risk AI systems classified under Annex III from August 2, 2026, to December 2, 2027.
EU AI Act Update: Omnibus Talks Stall, but Clock Is Still Ticking
Talks between European Union legislators broke down on Wednesday as they tried to agree on proposed amendments to the EU AI Act. At the center of the debate is the Digital Omnibus on AI, first introduced in November 2025, which would delay several key compliance deadlines under the Act. If approved, the Digital Omnibus would push back the compliance date for high-risk AI systems classified under Annex III from August 2, 2026, to December 2, 2027.
Using Trademarks to Protect IP from AI | JD Supra
February 27, 2026 To embed, copy and paste the code into your website or blog: The fight between creators and big tech has mostly been focused on the alleged copyright infringement of using creative works in AI training data. However, trademark law might be the next battleground as creators look for additional ways to protect their work from AI-related misuse.
Matthew McConaughey Recieves Copyright for "Dazed and Confused" L
The fight between creators and big tech has mostly been focused on the alleged copyright infringement of using creative works in AI training data. However, trademark law might be the next battleground as creators look for additional ways to protect their work from AI-related misuse. Actor Matthew McConaughey recently received U.S. Registration No. 8,070,191 for his famous line, “Alright, Alright, Alright” delivered in the 1993 movie Dazed and Confused.
What the European Union's AI Act Means for Companies Outside Euro
Given its extraterritorial reach, companies outside Europe should start preparing for the EU AI Act now. In general, the Act will apply to companies that develop high-risk AI systems used in the EU and that provide outputs from those systems, even if the companies have no physical presence in Europe.
Patentability Implications of the EU AI Act | JD Supra
Novelty is a core requirement for any invention to be patentable. Put simply, your invention generally cannot have been publicly disclosed before the patent application’s effective filing date. In the United States, 35 U.S.C. § 102 includes a one-year grace period for certain public disclosures made before you file—many other jurisdictions do not have this grace period.
EU AI Act Includes Mandatory Registration Requirement for AI Syst
Novelty is a core requirement for any invention to be patentable. Put simply, your invention generally cannot have been publicly disclosed before the patent application’s effective filing date. In the United States, 35 U.S.C. § 102 includes a one-year grace period for certain public disclosures made before you file—many other jurisdictions do not have this grace period.
Reverse Engineering in the Age of AI: Are Your Trade Secrets Still Safe? | JD Supra
Artificial intelligence has dramatically broadened the capabilities of anyone looking to reverse-engineer public-facing products. What once took specialized skill, deep pockets, and many hours now requires little more than a curious mind and a powerful AI model. For companies built around valuable and confidential know-how, this shift has profound implications, especially for in-house counsel tasked with safeguarding trade secrets.
Generative AI Training May Not Qualify for the Fair Use Defense | JD Supra
Last week, the Copyright Office released the third and final part of its report exploring copyright-related issues posed by artificial intelligence (AI). Unlike the first two parts, the third was released as a “pre-publication” version. It was published less than a day after Dr. Carla Hayden, the Librarian of Congress, was fired by President Trump and a day before Shira Perlmutter, the Register of Copyrights, was fired by President Trump.
Generative AI Training May Not Qualify for the Fair Use Defense
Last week, the Copyright Office released the third and final part of its report exploring copyright-related issues posed by artificial intelligence (AI). Unlike the first two parts, the third was released as a “pre-publication” version. It was published less than a day after Dr. Carla Hayden, the Librarian of Congress, was fired by President Trump and a day before Shira Perlmutter, the Register of Copyrights, was fired by President Trump.
Artists Protest AI Copyright Proposal in the U.K. | JD Supra
British Prime Minister Keir Starmer wants to turn the U.K. into an artificial intelligence (AI) superpower to help grow the British economy by using policies that he describes as “pro-innovation.” One of these policies proposed relaxing copyright protections. Under the proposal, initially unveiled in December 2024, AI companies could freely use copyrighted material to train their models unless the owner of the copyrighted material opted out.
U.K. Musicians Protest AI Copyright Law with “Silent Album”
British Prime Minister Keir Starmer wants to turn the U.K. into an artificial intelligence (AI) superpower to help grow the British economy by using policies that he describes as “pro-innovation.” One of these policies proposed relaxing copyright protections. Under the proposal, initially unveiled in December 2024, AI companies could freely use copyrighted material to train their models unless the owner of the copyrighted material opted out.
Thomson Reuters Wins Copyright Case Against Former AI Competitor | JD Supra
Thomson Reuters scored a major victory in one of the first cases dealing with the legality of using copyrighted data to train artificial intelligence (AI) models. In 2020, Thomson Reuters sued the now-defunct AI start-up Ross Intelligence for alleged improper use of Thomson Reuters materials, including case headnotes in its Westlaw search engine, to train its new AI model.
Reminder: Data Protection Impact Assessments May Be Required Under New State Privacy Laws
Skip to main content February 13, 2025 Volume XV, Number 44 Legal Analysis. Expertly Written. Quickly Found.
Thomson Reuters Wins Copyright Case Against Former AI Competitor
Thomson Reuters scored a major victory in one of the first cases dealing with the legality of using copyrighted data to train artificial intelligence (AI) models. In 2020, Thomson Reuters sued the now-defunct AI start-up Ross Intelligence for alleged improper use of Thomson Reuters materials, including case headnotes in its Westlaw search engine, to train its new AI model.
With Enough Human Contribution, AI-Generated Outputs May Be Copyright Protectable | JD Supra
After several months of delays, the U.S. Copyright Office has published part two of its three-part report on the copyright issues raised by artificial intelligence (AI). This part, entitled “Copyrightability,” focuses on whether AI-generated content is eligible for copyright protection in the U.S. An output generated with the assistance of AI is eligible for copyright protection if there is sufficient human contribution.
Google Report Reveals Government-Backed Misuse of Generative AI
The Google Threat Intelligence Group (GTIG) recently published a new report “Adversarial Misuse of Generative AI,” which is well worth the read. The report shares findings on how government-backed threat actors use and misuse the Gemini web application. Although the GTIG is committed to countering threats across Google’s platforms, it is also committed to sharing findings “to raise awareness and enable stronger protections across the wider ecosystem.” This is an excellent mission.
With Enough Human Contribution, AI-Generated Outputs May Be Copyright Protectable
After several months of delays, the U.S. Copyright Office has published part two of its three-part report on the copyright issues raised by artificial intelligence (AI). This part, entitled “Copyrightability,” focuses on whether AI-generated content is eligible for copyright protection in the U.S. An output generated with the assistance of AI is eligible for copyright protection if there is sufficient human contribution.
New Jersey AG Says Anti-Discrimination Law Covers Algorithmic Discrimination | JD Supra
January 17, 2025 To embed, copy and paste the code into your website or blog: Last week, New Jersey Attorney General Matthew Platkin announced new guidance that the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination, i.e., when automated systems treat people differently or negatively based on protected characteristics. This can happen with algorithms trained on biased data or with systems designed with biases in mind.
RealPage Antitrust Consent Decree Proposed | JD Supra
In August 2024, the Department of Justice (DOJ) and eight states filed a civil antitrust lawsuit against RealPage Inc., alleging that its software was used to unlawfully decrease competition among landlords and maximize profits.
Privacy Tip #427 – Ahead of the TikTok Ban, Users are Turning to Another Chinese App with Similar Privacy Concerns – What you Should Know | JD Supra
TikTok users are seeking alternate platforms to share and view content as the U.S. is set to ban the popular social media app on January 19, 2025. Instead of turning to U.S.-based companies like Facebook or Instagram, users are flocking to another Chinese app called Xiaohongshu, also known as RedNote. The app, which previously had little presence in the U.S. market, shot up to the most downloaded app in Apple’s app store this week.
RealPage Antitrust Consent Decree Proposed
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New Jersey AG Says Anti-Discrimination Law Covers Algorithmic Discrimination
Skip to main content January 16, 2025 Volume XV, Number 16 Legal Analysis. Expertly Written. Quickly Found.
Conclusion of Copyright Office’s Report on Artificial Intelligence Delayed Until 2025 | JD Supra
December 20, 2024 To embed, copy and paste the code into your website or blog: This week, Director Shira Perlmutter indicated that the publication of part two of the U.S. Copyright Office’s three-part report on copyright issues raised by artificial intelligence (AI) would be further delayed.
Attempt to Predict Person’s Date of Death with Artificial Intelligence | JD Supra
Launched in July 2024, Death Clock is an application that uses artificial intelligence (AI) to predict when its users will die. Death Clock trained its AI model using over 1,200 life expectancy studies. It then uses the answers from a questionnaire about the user’s physical health, like diet and exercise, to calculate each user’s date of death. While users of the free version will only receive this date, users of the paid version will receive lifestyle recommendations to help them live longer.
CISA Issues Guide to Mitigate PRC-Linked Telecom Hacks
According to statements by the Cybersecurity and Infrastructure Security Agency (CISA), the hacking group Salt Typhoon, backed by the People’s Republic of China (PRC), which attacked telecommunications providers last month, is still infiltrating the providers and it is “impossible for us to predict a time frame on when we’ll have full eviction.” One reason is that the hackers infiltrated the telecoms in different ways and “each victim is unique.” In addition, the incident has not been fully...
FTC Settles with Companies Over Sale of Sensitive Data
The Federal Trade Commission (FTC) has been on a mission to get the message across that it is serious about companies collecting, using, and selling sensitive location data of consumers and that it is closely watching these practices.
Attempt to Predict Person’s Date of Death with Artificial Intelligence
Launched in July 2024, Death Clock is an application that uses artificial intelligence (AI) to predict when its users will die. Death Clock trained its AI model using over 1,200 life expectancy studies. It then uses the answers from a questionnaire about the user’s physical health, like diet and exercise, to calculate each user’s date of death. While users of the free version will only receive this date, users of the paid version will receive lifestyle recommendations to help them live longer.
AI Usage by USPTO Employees | JD Supra
November 22, 2024 To embed, copy and paste the code into your website or blog: Last year, as reported in a memo recently obtained by WIRED, the United States Patent and Trademark Office (USPTO) issued internal guidance that its examiners and other employees cannot use generative artificial intelligence (AI) for any purpose. The memo, authored by USPTO chief information officer Jamie Holcombe, expressed security and bias concerns associated with generative AI.
NH Falls Victim to $742K Fraudulent Bank Transfer Scheme
The Town of Enfield, New Hampshire, appears to have been the victim of a man-in-the-middle scheme involving the transfer of $742,000 to a fraudulent bank account. The town is constructing a new $7.2 million public safety building. An employee was tricked into sending the payment to a fraudulent bank account instead of the construction company building the facility.
Privacy Tip #422 – Youville: For You and Your Kids Aged 8-12
The Federal Trade Commission provides consumers with tips and advice, including online privacy. Its Scam Alerts are helpful and timely. Continuing its mission, the FTC has launched Youville, an online learning platform targeted to kids aged 8-12. According to the FTC, Youville contains educational materials and tools to use at home and in the classroom. “Youville teaches kids ages 8-12 about privacy and online safety, understanding advertising, spotting scams, and digital citizenship.
USPTO Limits Use of Generative AI by Employees
Last year, as reported in a memo recently obtained by WIRED, the United States Patent and Trademark Office (USPTO) issued internal guidance that its examiners and other employees cannot use generative artificial intelligence (AI) for any purpose. The memo, authored by USPTO chief information officer Jamie Holcombe, expressed security and bias concerns associated with generative AI. However, the guidance does not fully limit an examiner’s ability to use AI.
Microsoft Filed Patent Application on Method for Eliminating Artificial Intelligence Hallucinations | JD Supra
Microsoft is developing a way to eliminate hallucinations, or false responses, in artificial intelligence (AI) models. It filed U.S. Patent Application No. 18/140,658, entitled “Interacting with a Language Model using External Knowledge and Feedback,” in April 2023. The application published on October 31, 2024, and became available for public inspection. The patent specification describes a method for improving the quality of responses from an AI language model.
Ex-Yahoo! Patents Asserted Against Fashion Retainer Shein | JD Supra
In the early to mid-2000s, Yahoo! worked to develop and refine its search engine capabilities. During this period, Yahoo! obtained U.S. Patent Nos. 8,341,157, 7,698,329, 8,209,317, 9,805,097, and 8,527,623, which are generally related to methods of improving the quality of results in a search engine. For example, the ’623 Patent relates to a method of detecting a user vacillation pattern and providing information to help remove the user’s indecision.
Columbus, Ohio Notifies 500,000 of Data Breach from Ransomware Attack
The city of Columbus, Ohio, announced on May 29, 2024, that it was forced to take its systems offline due to a ransomware attack. According to its notice, the attack was perpetrated by “an established, sophisticated threat actor operating overseas,” and that it was working with law enforcement to investigate the incident. The culprit behind the ransomware attack is reported to be Rhysida.
California Privacy Protection Agency Announces Investigative Sweep of Data Brokers’ Compliance with Registration Requirements
Last week, the California Privacy Protection Agency (CPPA) announced it will conduct a public investigative sweep of data broker registration compliance under the California Delete Act.
Patent Infringement Suit Against Shein Over Search Engine Technol
Skip to main content November 07, 2024 Volume XIV, Number 312 Legal Analysis. Expertly Written. Quickly Found. Trending News Ex-Yahoo! Patents Asserted Against Fashion Retainer Shein Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard In the early to mid-2000s, Yahoo! worked to develop and refine its search engine capabilities. During this period, Yahoo! obtained U.S. Patent Nos.
Honeywell Asserts Barcode-Scanning Patents Against Scandit AG | JD Supra
Swiss company Scandit AG created an application called ShelfView, which enables retailers to verify the prices of various products and ensure that associated promotions are correctly updated. The application utilizes barcode scanning, optical character recognition, and augmented reality to analyze a store’s current inventory and make recommendations on any needed adjustments.
Scary Halloween News: Jumpy Pisces Using Play Ransomware to Attack Organizations
Unit 42 recently reported that it has identified “Jumpy Pisces, a North Korean state-sponsored threat group associated with the Reconnaissance General Bureau of the Korean People’s Army, as a key player in a recent ransomware incident.” Its investigation indicates “with moderate confidence that Jumpy Pisces, or a faction of the group, is now collaborating with the Play ransomware group (Fiddling Scorpius).” Jumpy Pisces has previously engaged in cyberespionage, financial crime, and ransomware...
Honeywell Sues Scandit for Patent Infringement Over Barcode and A
Swiss company Scandit AG created an application called ShelfView, which enables retailers to verify the prices of various products and ensure that associated promotions are correctly updated. The application utilizes barcode scanning, optical character recognition, and augmented reality to analyze a store’s current inventory and make recommendations on any needed adjustments.
Connecticut AG Settles Data Breach Case with Guardian Analytics f
Skip to main content October 24, 2024 Volume XIV, Number 298 Legal Analysis. Expertly Written. Quickly Found. Trending News CT AG Settles Data Breach Case with Guardian Analytics Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard Connecticut Attorney General William Tong announced on October 21, 2024, that his office has settled a data breach case against Guardian Analytics, Inc. for $500,000.
Artists’ Copyright Infringement Suit Against AI Companies Can Proceed
In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI models violated copyright law by using the artists’ work in their training data sets. In ruling on the defendants’ motion to dismiss in August 2024, Judge William Orrick, in the Northern District of California, permitted the plaintiffs’ copyright claims to proceed.
USPTO Issues Guidance on Use of AI Based Tools | JD Supra
The U.S. Patent and Trademark Office (USPTO) issued guidance on the use of AI-based tools to prepare and prosecute patent and trademark applications. This announcement supplements the previous guidance issued in February. The application of existing rules governing the use of AI, including generative AI, before the USPTO entails several considerations and obligations for parties and practitioners.
Cisco Releases Updates to Vulnerabilities in Firewall Platforms
The Cybersecurity and Infrastructure Agency (CISA) has published an Alert confirming that Cisco has released security updates to its firewall platforms. The releases apply to Cisco’s ArcaneDoor zero-day vulnerabilities applicable to Cisco’s Adaptive Security Appliances devices and its Firepower Threat Defense software. The exploitation of CVE 2024-20353 and CVE-2024-20359 has been confirmed, and the identified vulnerabilities have been added to its Known Exploited Vulnerabilities Catalog.
USPTO Guidance on AI Tools to Prepare Applications
The U.S. Patent and Trademark Office (USPTO) issued guidance on the use of AI-based tools to prepare and prosecute patent and trademark applications. This announcement supplements the previous guidance issued in February. The application of existing rules governing the use of AI, including generative AI, before the USPTO entails several considerations and obligations for parties and practitioners.
Data Privacy + Cybersecurity Insider - February 2024 #3 | JD Supra
CYBERSECURITY - HC3 Warns Healthcare Organizations about Akira Ransomware Group - The Health Sector Cybersecurity Coordination Center (HC3) recently warned the health care sector about the Akira ransomware group that has been hitting health care organizations since May of 2023.
Memo for Use of AI During Practice Issued by USPTO | JD Supra
February 16, 2024 To embed, copy and paste the code into your website or blog: After several high-profile instances of artificial intelligence (AI) hallucination and Chief Justice John Roberts’s year-end report acknowledging the shortcomings of blindly relying on AI in legal writing, Kathi Vidal, the Director of the U.S. Patent and Trademark Office (USPTO), issued a memo concerning the use of AI when practicing before the USPTO.
USPTO Isses Memo for Use of Artificial Intelligence During Practi
After several high-profile instances of artificial intelligence (AI) hallucination and Chief Justice John Roberts’s year-end report acknowledging the shortcomings of blindly relying on AI in legal writing, Kathi Vidal, the Director of the U.S. Patent and Trademark Office (USPTO), issued a memo concerning the use of AI when practicing before the USPTO. She echoed that while AI can be helpful to practitioners, the existing USPTO Rules of Professional Conduct impose duties related to any submission.
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