For nearly twenty years, the Ninth Circuit’s “server test” was the only appellate standard for determining whether embedded online content infringes a copyright owner’s public display right. The Fifth Circuit has now weighed in, rejecting the “server test” but reaching
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Colorado’s Revamped AI Law Charts a New Course, Reaching Both Developers and Deployers Alike
On August 11, 2026, the Colorado Attorney General proposed rules to “clarify and implement” the Colorado AI Act. For organizations and other deployers of AI tools that have previously considered most state AI regulation as not particularly relevant to their
Does Your AI Agent Need Its Own Software License?
- AI agents create contracting and pricing issues for both traditional licensed software and SaaS by weakening the assumptions behind per-seat and other usage-based pricing arrangements.
- As organizations deploy agents that can act autonomously and generate substantial usage, the parties to
FTC’s Shutterstock Settlement Signals Continued Scrutiny of Auto-Renewal Practices
Key Points:
□ The Federal Trade Commission (FTC) negotiated a stipulated settlement with Shutterstock in connection with its subscription billing and cancellation practices in connection with its stock content services.
□ In settling the allegations, Shutterstock will pay $35 million
Online Contract Formation Turns on Design and Context: Lessons from Recent Circuit Court Decisions
Two recent federal appellate decisions and a related decision from a Pennsylvania district court highlight a recurring question in online contracting: when does a website user have sufficient notice of hyperlinked terms to be bound?
FTC Remains on the Location Data Beat: Agency Settles Long-Running Kochava Enforcement, Even as State Regulation Has Already Changed the Landscape
In early May, the Federal Trade Commission (“FTC”) announced a proposed settlement with digital marketing and analytics firm Kochava, Inc. (“Kochava”) and its subsidiary to resolve allegations the companies sold location data from hundreds of millions of mobile devices that
Second Circuit Sidesteps “Server Test” in Embedded Video Copyright Ruling, Highlighting How Platform Terms Matter
On April 23, 2026, the Second Circuit issued a multi-part decision addressing copyright infringement claims involving a website’s embedding of social media video posts and display of video screenshots, reversing the lower court’s dismissal of the complaint. (Richardson v.
Virginia Expands VCDPA with Ban on Sale of Precise Consumer Geolocation Data
On April 13, 2026, Virginia Governor Abigail Spanberger signed the bipartisan bill SB338, amending the Virginia Consumer Data Protection Act (VCDPA) by prohibiting data controllers from selling or offering for sale a consumer’s precise geolocation data. SB 338 replaces
White House AI Framework Stakes Out National Policy Position – Developers and Deployers Now Watch and Wait
On March 20, 2026, the White House announced a comprehensive national legislative framework (the “Framework”) that tracks with its December 2025 AI Preemption Executive Order and its July 2025 AI Action Plan and takes aim at hot-button AI policy topics
Beyond the Screen: Clickwrap Principles Reach Crypto Kiosks
A recent decision from an Indiana federal court underscores that the principles behind what makes “clickwrap” assent enforceable are not limited to websites and apps found through smartphones and laptops. In Beckett v. Bitcoin Depot, Inc., No. 25-01450 (S.D.