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Online advertising is among the largest and fastest growing areas of digital commerce. Unsurprisingly, consumer online spending substantially outpaces ad spending in raw dollars, but in terms of sector growth and technical innovation digital advertising is unsurpassed. Today’s Internet is a highly optimized machine for the delivery of targeted advertising and the techniques and technologies used to personalize and deliver ads grow more sophisticated every day. Hundreds of billions of dollars a year are poured into digital advertising, and at least two of the world’s most valuable companies — Alphabet (Google) and Meta (Facebook) — derive most of their revenue from that source. Consumers may not think of Google and Facebook as ad sales companies, but that’s unquestionably what they are.
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All Is Not Fair In Love and Warhol
By Jonathan Moskin
A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this “troublesome” area remains to be seen.
Generative AI and Patent Considerations
By James W. Soong
A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.
IP Considerations for ITC General Exclusion Orders
By Daniel Muino, Brian Busey and Nomin-Erdene Jagdagdorj
In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.
Securing License for Internet Artificial Intelligence
By Jonathan Bick
As AI increasingly interpenetrates internet transactions, licensing interest expands. The licensing of internet AI intellectual property is stymied because legal difficulties such as the proper assessment of the jurisdiction for the licensing agreement and the nature of the internet including the proper identification of the parties for the licensing agreement.