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1: Coders Lose Appeal in Copyright Fight Against AI Tools
First off today, Edvard Pettersson at Courthouse News Service reports that the Ninth Circuit Court of Appeals has ruled against a group of open-source software developers who claimed that GitHub and OpenAI had infringed on their work by reproducing it without attribution.
However, rather than filing a traditional copyright infringement lawsuit, the developers argued that GitHub and OpenAI had infringed on their work by removing copyright management information attached to their code. This is a violation of the Digital Millennium Copyright Act.
However, the lower court ruled against the developers. It found that, since the reproduced code was not identical to the original, it was a new work, not an existing work with the copyright management information removed. The appeals court has upheld that decision, noting that the developers may be able to argue that the new code is an unauthorized derivative work, but that it doesn’t qualify for a copyright management information claim.
2: Everything Australians Put Online Could Be Scraped for AI Under Proposed New Rules. How Will You Be Affected?
Next up today, Luca Ittimani at The Guardian Australia reports that the Australian government has proposed new rules that would grant AI companies broad access to Australian content, including posts and photos published on social media.
The move is being considered by the Labor government and aims to encourage AI companies to invest in Australia by providing legal protection for training their content. However, creators say that the proposed rules will allow AI companies to scrape their content without permission, further harming their ability to make a living from their work.
One potential side effect of this proposal might be that international sites will block access to Australian users in order to prevent AI scraping. However, it is unclear what benefit to Australia these new rules would provide as it is unknown if AI companies will actually invest in the country or not.
3: Denuvo Sues Game Cracker ‘voices38’ for Bypassing its Anti-Tamper DRM
Finally today, Ernesto Van der Sar at TorrentFreak writes that Denuvo, the company behind the anti-tamper digital rights management (DRM) technology of the same name, has filed a lawsuit against a game cracker known as “voices38,” alleging that they violated the Digital Millennium Copyright Act (DMCA) by bypassing Denuvo’s anti-piracy tools.
According to the lawsuit, voices38 is accused of bypassing Denuvo’s protection on some 26 games from a variety of publishers. Since Denuvo only provides the anti-tamper technology to publishers, they aren’t claiming traditional copyright infringement. Instead, they are arguing that voices38 violated the DMCA by circumventing their DRM, which the DMCA specifically prohibits.
However, voices38 seems nonplussed by the lawsuit. They responded to it saying that “All is fine. Everything will continue as normal.” This is likely because, before Denuvo can actually target voices38, they will need to identify them, a process that, if it is even possible, could take some time.
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