As digital media continues to supplant physical media, e-commerce sites offering digital content have experienced unprecedented growth. These sites offer consumers access to video games, music, movies, e-books, and many other types of digital media at the click of a button. Although purchasing digital media—as opposed to physical media—has become commonplace for consumers, a
Technology Trends
Today’s Most Disruptive Technologies: Spotlight on Quantum Computing
Welcome to Today’s Most Disruptive Technologies! We kick things off with a Spotlight on Quantum Computing. Artificial intelligence (AI) may be all the buzz today, but the seismic impact that quantum computing could have on the future of technology far exceeds what any of today’s classical computers could accomplish within our lifetimes.
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A New Generation of Legal Issues Part 2: First Lawsuits Arrive Addressing Generative AI
We’re happy to make available to Age of Disruption readers part two of our three-part series on key legal issues surrounding generative artificial intelligence (AI).
As the quality of generative AI tools has soared, copyright and other intellectual property issues raised by such tools have attracted increased attention. Some artists, creators, and performers, fearing…
Notes From the Field: Game Developers Conference—Part 1
Accessibility, artificial intelligence (AI), and hybrid-casual games were among the noteworthy topics at the March 2023 Game Developers Conference (GDC) in San Francisco. Here is Part 1 of our Notes From the Field with a few highlights from the sessions we attended.
Accessibility for Gamers
Accessibility was an issue that featured heavily at GDC this…
Vendor Licensing Lessons Learned From Seton Hall’s Regulated Gaming Conference
We recently attended the fourth annual Seton Hall Law School Gaming Law, Compliance & Integrity Bootcamp. This in-person conference, which provides compliance and ethics education to professionals working in the regulated gaming space, included attendees and panelists drawn from the entire industry, including regulators, gaming operators and vendors.
The conference addressed the many regulatory…
Whose Copyright Is It Anyway? Copyright Office Stakes Out Position on Registration of AI-Generated Works
There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence technology. First, on February 21, the Copyright Office issued its much-anticipated decision regarding the registration of a graphic novel by artist Kristina Kashtanova that included images generated using the AI…
Hermès Wins Trademark Lawsuit Over “MetaBirkins” NFTs
In early February, following a six-day trial, a jury in the U.S. District Court for the Southern District of New York found in favor of Hermès in its claims of trademark infringement, trademark dilution, and cybersquatting against artist Mason Rothschild, the creator of the “MetaBirkins” non-fungible tokens (NFTs). Even with the…
Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure
The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act and created potentially massive and catastrophic exposure for Illinois businesses. In a close 4-3 ruling, the landmark decision in Latrina Cothron v. White Castle System Inc. holds that every individual scan or transmission of biometric data made…
Four Data Security Safeguards the FTC Would Like Companies To Adopt in 2023
Data security will undoubtedly remain an enforcement priority for the Federal Trade Commission in 2023. A presentation on the FTC’s approach to data security by Deputy Chief Technologist Alex Gaynor at a Commission open meeting on December 14, 2022, highlighted four provisions found in one or more recent FTC consent orders as particularly important, though…
A New Generation of Legal Issues Part 1:The Latest Chapter in Copyrightability of AI-Generated Works
Uncertainty continues as to whether and to what extent artificial intelligence-generated works can be protected by copyright under U.S. law. The U.S. Copyright Office recently raised the hopes of artists who use generative AI by agreeing to register the copyright in a graphic novel titled Zarya of the Dawn, whose author used the AI tool Midjourney to generate its images. However, the Copyright Office quickly reversed course and notified the applicant that it may cancel the registration because it was not aware that the images were computer-generated. The Copyright Office asked the artist to provide details of her creative process to show “substantial human involvement” in the process of creating the graphic novel.…