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The United States Supreme Court did not destroy the Internet on May 18, 2023. That day, the Court released its opinions in Gonzalez v. Google LLC, 143 S. Ct. 1191 (2023) (per curiam), and Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2023). In these companion cases from the Ninth Circuit, family members of ISIS victims sued large tech companies under the Justice Against Sponsors of Terrorism Act (JASTA) for allegedly aiding and abetting foreign terrorists by providing them with platforms “for spreading extremist propaganda, raising funds, and attracting new recruits.” Complaint ¶ 12, Taamneh v. Twitter, Inc., No. 3:17-cv-4107 (N.D. Cal. July 20, 2017). Defendants in both cases asserted defenses under 47 U.S.C. § 230(c)(1) (Section 230). Section 230, generally speaking, shields online platforms from liability for otherwise actionable content users post on their sites. After the Supreme Court agreed to hear the cases on Oct. 3, 2022, worry quickly spread that the Court “could break the Internet” by weakening this liability shield. Isaac Chotiner, “Two Supreme Court Cases that Could Break the Internet,” New Yorker (Jan. 25, 2023).
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By Reid Knabe and Bita Rahebi
This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.
Emerging Legal Terrain: IP Risks from AI’s Role In Drug Discovery
By Fredrick Tsang, Antonia Sequeira and Carl Morales
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
LLM Customization With A Path to Human Inventorship and Patent Rights
By Jim Soong
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder
Although the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.