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Mass Law Blog

Intellectual property and business litigation, Massachusetts and nationally
Written by humans

Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer

Copyright And The Challenge of Large Language Models (Part 2)

This is the second in a 3-part series of blog posts on Large Language Models (LLMs) and copyright. Part 1 is here: Copyright And The Challenge of Large Language Models.  *** As an intellectual property lawyer who's been involved with copyright law for almost 40 years, I've seen my share of copyright controversies. But the challenges posed by artificial intelligence and machine learning may be in a league of their own. The central issue is this: AI systems are being trained on vast amounts of...

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Copyright And The Challenge of Large Language Models

Copyright And The Challenge of Large Language Models

“AI models are what’s known in computer science as black boxes: You can see what goes in and what comes out; what happens in between is a mystery." Trust but Verify: Peeking Inside the “Black Box” of Machine Learning In December 2023, The New York Times filed a landmark lawsuit against OpenAI and Microsoft, alleging copyright infringement. This case, along with a number of similar cases filed against AI companies, brings to the forefront a fundamental challenge in applying traditional...

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Missed Deadline Leads to Dismissal of the Case

Missed Deadline Leads to Dismissal of the Case

Being a litigation attorney can be a scary business. You’re constantly thinking about how to organize the facts to fit your theory of the case, what legal precedent you may have overlooked, discovery, trial preparation and much, much more. With all that pressure it’s not surprising that lawyers make mistakes, and one of the scariest things in litigation practice is the risk of missing a deadline. Depending on a lawyer’s caseload it may be difficult to keep track of deadlines. There are...

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Secondary Liability and Sony v. Cox

Secondary Liability and Sony v. Cox

Copyright secondary liability can be difficult to wrap your head around. This judge-made copyright doctrine allows copyright owners to seek damages from organizations that do not themselves engage in copyright infringement, but rather facilitate the infringing behavior of others. Often the target of these cases are internet service providers, or “ISPs.” Secondary liability has three separate prongs, “contributory” and “vicarious” infringement, and "inducement." The third prong - inducement -...

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This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer