Copyright Litigation David Sergenian Copyright Litigation David Sergenian

The U.S. Supreme Court Reverses a $1 Billion Copyright Verdict and, Arguably, Renders the DMCA Safe Harbor Obsolete

The Supreme Court unanimously reversed a $1 billion copyright verdict against Cox Communications, holding that an ISP is not contributorily liable for its subscribers’ infringement merely because it continues to serve known infringers. The decision also may have rendered the DMCA safe harbor obsolete.

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AI Litigation, Copyright Litigation David Sergenian AI Litigation, Copyright Litigation David Sergenian

Gracenote Sues OpenAI, and the Evidence Is in the Database Schema

Gracenote sues OpenAI for copying not just its media metadata, but the proprietary relational framework that organizes it. The complaint deploys established compilation copyright doctrine in a new context: as evidence that OpenAI's models encoded the protectable structure of a curated database, not just the data values.

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Trade Secrets Litigation, AI Litigation David Sergenian Trade Secrets Litigation, AI Litigation David Sergenian

When Winning the Battle Risks Losing the War: xAI’s Trade Secret Case Against OpenAI Dismissed

The ruling underscores that no matter how egregious an employee’s conduct, a trade secret claim under the Defend Trade Secrets Act (“DTSA”) requires allegations that the defendant acquired, induced, or used the stolen information, not just that it hired the people who took it.

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