We are beginning to see more AI company defendants include in their list of defenses constitutional defenses based on either the First Amendment or the Copyright Clauses. Runway AI is the latest, raising both defenses. Of course, including a defense does not necessarily mean it will be advanced during the litigation. But it does mean it is not waived and can be asserted if the Plaintiffs’ expansive claims warrant it.
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source & further reading
chatgptiseatingtheworld.com — original article
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