Technology,
Intellectual Property
Jul. 26, 2024
AI companies face potential interlocutory appeal over DMCA's 'identicality' requirement
The word "identical" is found in a different provision of the Digital Millenium Copyright Act, and Congress "intentionally and purposely" chose to include the word in one section of the statute but not the other, Joseph R. Saveri wrote his motion to certify the case for interlocutory appeal.
A federal judge's statutory analysis of the Digital Millenium Copyright Act to include an "identicality" element warrants a second look by an appellate court as similar lawsuits against artificial intelligence platforms continue to emerge, argued attorneys for open-source coders in a fair use lawsuit against OpenAI, Microsoft Corp., and its subsidiary GitHub.
OpenAI's ChatGPT and GitHub's Copilot are among the AI-powered language learning models facing legal...
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