Last week, OpenAI rolled out ChatGPT Team, a flexible subscription structure for small-to-medium sized businesses (with two or more users) that are not large enough to warrant the expense of a ChatGPT Enterprise subscription (which requires a minimum of
New Media and Technology Law Blog
The New Media and Technology Law Blog, published by Proskauer Rose LLP, focuses on legal issues at the intersection of technology, media, and emerging digital trends. It covers topics such as data licensing and restrictions, artificial intelligence and generative AI implications, privacy and cybersecurity regulations, online platform liability, electronic contracting and enforceability of website terms, and evolving state and federal data privacy laws. The blog also discusses recent court decisions affecting technology law, including interpretations of statutes like the Computer Fraud and Abuse Act and the Communications Decency Act. It serves as a resource for understanding how legal frameworks adapt to innovations in technology and digital media.
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Anthropic Joins the Party, Offers Copyright Shield to Enterprise AI Customers
On December 19, 2023, AI research company Anthropic announced that it had updated and made publicly available its Commercial Terms of Service (effective Jan 1, 2024) to, among other things, indemnify its enterprise Claude API customers from copyright infringement claims…
Another Web Scraping Dispute Focused on Travel Data
- Flight and travel data has always been valuable for data aggregators and online travel services and has prompted litigation over the years.
- Latest suit from Air Canada against a rewards travel search site raises some interesting liability issues under the
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OpenAI’s “Copyright Shield” Broadens User IP Indemnities for AI-created Content
By Jiyoon Kim & Peter Cramer
In a previous post, we highlighted three key items to look out for when assessing the terms and conditions of generative artificial intelligence (“GAI”) tools: training rights, use restrictions and responsibility for outputs. With respect to responsibility for outputs…
In Amended Complaint, FTC Alleges Kochava, a Data Broker, Is Collecting, Using and Disclosing “Massive Amounts” of Precise Geolocation Data
The Federal Trade Commission (FTC) has long expressed a concern about the potential misuse of location data. For example, in a 2022 blog post, “Location, health, and other sensitive information: FTC committed to fully enforcing the law against illegal…
As Generative AI Tools Proliferate, Terms and Conditions Are Becoming a Key Differentiator
By Peter Cramer
In the first half of 2023, a deluge of new generative artificial intelligence (“GAI”) tools hit the market, with companies ranging from startups to tech giants rolling out new products. In the large language model space alone, we have seen…
President Issues Sweeping Executive Order to Manage Risks of AI
On October 30, 2023, President Biden issued an “Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence” (Fact Sheet, here) designed to spur new AI safety and security standards, encourage the development of privacy-preserving technologies in conjunction…
Help Wanted: Site Owner Brings New Scraping Suits Focused on Job Posting and Employment Data
UPDATE: On February 5, 2024, the California district court granted the defendant Aspen Technology Labs, Inc.’s motion to dismiss Jobiak LLC’s web scraping complaint for lack of personal jurisdiction, with leave to amend. The court found that Jobiak had not…
Busy Week in AI: Major Companies Come Together on AI Safeguards, ChatGPT Releases Custom Instructions, Microsoft Releases Azure OpenAI Transparency Note
In the rapidly-evolving AI space, the last few days of this week saw significant AI developments occur perhaps even faster than usual. For example, seven AI companies agreed to voluntary guidelines covering AI safety and security and ChatGPT rolled out…
The FCA’s Regulatory Approach to Big Tech and Artificial Intelligence
On July 12, 2023, Nikhil Rathi, the CEO of the UK’s Financial Conduct Authority (“FCA”) delivered a speech on the FCA’s regulatory approach to Big Tech and Artificial Intelligence (“AI”). Below are some of the key points discussed at the…