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7th Circuit affirms First Amendment bars criminal count for possessing fake AI-generated CSAM in Anderegg case
Read more: 7th Circuit affirms First Amendment bars criminal count for possessing fake AI-generated CSAM in Anderegg caseThe Seventh Circuit recently affirmed the dismissal of one criminal charge for possession of child sexual abuse material (CSAM) that was AI-generated, meaning it did not involve real children. The court of appeals held, that under the Supreme Court’s decision in Stanley v. Georgia and Ashcroft v. Free Speech Coalition, the government’s reasons to justify…
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First Amendment defenses gaining popularity in AI copyright suits
Read more: First Amendment defenses gaining popularity in AI copyright suitsA week after Anthropic raised a First Amendment defense in response to Daniel Benjamin Gilbert’s copyright suit, Perplexity has done the same in the suit filed against it by Reddit. Elon Musk, Tesla, and Warner Brothers Discovery had already raised a First Amendment defense back in March 2026. To my knowledge, Musk was the first…
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Elon Musk, Tesla, Warner Brothers Discovery raise First Amendment defense in use of scene allegedly similar to Blade Runner 2049
Read more: Elon Musk, Tesla, Warner Brothers Discovery raise First Amendment defense in use of scene allegedly similar to Blade Runner 2049The First Amendment has entered the picture. Elon Musk, Tesla, and Warner Brothers Discovery have all raised a First Amendment defense, even ordering it ahead of their fair use defense. The case involves Musk’s use of a scene shown below in a Tesla event. Tesla had earlier tried to license the use of a still…
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Scholarship: Copyright Dilution Under Constitutional Scrutiny
Read more: Scholarship: Copyright Dilution Under Constitutional ScrutinyHappy to share my latest scholarship. Copyright Dilution Under Constitutional Scrutiny examines the curious (putative) doctrine of copyright dilution that copyright stakeholders are advancing in their lawsuits against AI companies. This is a new doctrine being developed on the fly. It is also unconstitutional. This Essay explains why. Download the preprint version on SSRN. The…