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How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That dilemma surfaced when a California federal judge recently dismissed a claim of direct infringement raised by a group of authors.
In a class action suit led by novelist Stewart O’Nan and other writers, U.S. Northern District of California Judge Charles Breyer dismissed the direct infringement claim against Databricks and its subsidiary MosaicML, finding the allegation overly speculative and vague. (The complaint also alleges vicarious infringement.) In re Mosaic LLM Litigation, 24-cv-01451.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.