Scholarly commentary on law, economics, & more

AI Training Is Not Fair (According to One Court)

The concept of transformative use has emerged as a pivotal issue in fair-use analysis, particularly in cases that involve training data for artificial intelligence (AI). At its core, the transformative-use inquiry asks whether the new work repurposes original material to serve a markedly different function or market than that of the copyrighted work.  In this AI Training Is Not Fair (According to One Court)

Five Key Lessons from Abroad for the UK CMA’s Google Search Probe

In the first investigation conducted under the new ex-ante regulatory framework established by the Digital Markets, Competition and Consumers Act (DMCC), the United Kingdom’s Competition and Markets Authority (CMA) is seeking to ascertain whether Google has “strategic market status” (SMS) in the search and search-advertising-services markets. The CMA is also tasked with weighing whether ex-ante Five Key Lessons from Abroad for the UK CMA’s Google Search Probe

Out with the Old Rules and in with…Something?

Pleading (in) the Fifth (Circuit) Way back in late January, I wrote a piece called “Lina’s Lingering Legacy?” Lina Khan—at that time, Commissioner Khan, and the week before that, Chair Khan—had not yet left the Federal Trade Commission (FTC) building. But she had been replaced as chair by presidential fiat (as per Section 1 of Out with the Old Rules and in with…Something?

View more