Alexander Loveyko

📑 New Feature Alert: Packet Generation is Here! CaseBlink now lets you combine hundreds of exhibits into a single, organized PDF. Here's how it works: - Bulk upload your docs - CaseBlink Document AI assigns the relevant visa categories and exhibit titles - Rearrange as needed - Auto-generate the exhibit list - Assemble your final packet And when you generate support letters or legal briefs, they will match the packet order! #LegalTech #Automation #AI #CaseManagement #ImmigrationTech

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Want to know what a patent lawsuit filed by Nintendo against Pocketpair means? 🤔 Check out this carousel for a breakdown of Intellectual Property in the field of video game software!💿 About the lawsuit - here is what we know as of September 19, 2024: What we know: Nintendo has announced a lawsuit filed in Japan against Pocketpair, Inc., alleging patent infringement ⚖ What we do not know yet: the patents alleged to be infringed, and the specific features of Pocketpair's product which allegedly infringe❓ #patents #PatentlyGaming #patentlawsuit #software #videogames

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𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐬𝐞𝐜𝐨𝐧𝐝-𝐡𝐚𝐧𝐝 𝐦𝐚𝐫𝐤𝐞𝐭 𝐨𝐟 𝐯𝐢𝐝𝐞𝐨 𝐠𝐚𝐦𝐞𝐬 🎮 Ever wondered if you could resell the video games you bought and downloaded, or if gaming companies can control what you do with your digital purchases? In the ever-evolving landscape of digital media consumption, the question of whether downloaded video games can be resold as "second-hand" items has sparked a fierce legal debate, and it's all about something called copyright exhaustion, or the first-sale doctrine. Basically, this principle says that once you buy a physical copy of a game, you can sell it without needing the copyright holder's permission. But what about digital downloads? Game publishers and distributors firmly oppose the resale of downloaded video games, frequently citing their policies that explicitly prohibit the transfer of user accounts or individual games. This issue escalated into a major legal battle between Player 1: UFC-Que Choisir, a French consumer rights group, and Player 2: Valve, the company behind the popular game platform Steam. The main question was simple: should people be allowed to resell the games they buy and download on Steam? The High Court of Paris had to figure this out. Physical game discs can be resold thanks to the first-sale doctrine, but Valve argued that digital downloads are different and this rule shouldn't apply. UFC-Que Choisir argued that preventing the resale of digital games was unfair and illegal, citing EU laws that permit the free movement of goods, including games. The first instance court ruling said that downloading and installing a game is like having a copy of it. So, once you've bought that copy, the copyright holder loses control over what you do with it next. This was a win for UFC-Que Choisir. This French court ruling lined up with a decision by the European Court of Justice in the UsedSoft case, which supported the idea of reselling downloaded software. But the Higher Regional Court of Berlin had a different opinion, saying video games aren't the same as software and shouldn't follow the same rules. Recently, the Paris Court of Appeal reversed the earlier decision. The court prohibited the resale of downloaded video games, asserting that video games are more complex than just software, encompassing graphics, music, stories, and characters, which make them unique. So, they fall under different rules that don't allow resale. The court also pointed out that letting people resell digital games could hurt the interests of game creators more than reselling physical copies would. The recent ruling highlights the delicate balance between safeguarding intellectual property and preserving consumer rights in the digital realm. #law #videogamelaw #itlaw #iplaw #itiplaw #gamelaw

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✨Some interesting experience working with open-case mechanics projects… Our legal team recently observed a growing trend in projects utilizing open-case mechanics, particularly in the form of loot boxes with skins for video games. These loot boxes typically allow users to purchase a box containing random items used in video games (like skins for CS2), which may exceed or fall below the original purchase price. This element of chance brings the mechanics closer to the concept of gambling, however... A common concern raised by clients in this industry is how to operate internationally without falling under gambling regulations. And this is a fully legitimate concern, as loot boxes with randomized items are often not clearly regulated, even in European jurisdictions, where there are ongoing debates on this issue. One of our recent clients faced a similar challenge. In addition to assisting them with legal platform registration and drafting the necessary policies, we prepared a series of Legal Opinions for various European markets. Our goal was to demonstrate to regulators that the project did not require a gambling license, highlighting that current laws and judicial practices do not mandate such permits for this type of open-case mechanic. In several jurisdictions, loot boxes are not legally classified as a game of chance, as they are integrated into video games, which are considered "games of skill" rather than pure "chance." This distinction was a key factor when drafting legal disclaimers for the client's website. We also recommended that the client proactively engage with regulators by providing a clear explanation of their business model and market entry. This approach not only ensured transparency and compliance but also reassured regulators that no laws were being violated. Any potential concerns of illegality could be addressed during the regulator's formal review process, which includes a set timeline for responses. So far, the only issues we've encountered were with the Swedish Gaming Authority and local administrative court, where these questions were formally raised. Thanks to our comprehensive legal advice and strategic planning, the client is now cautiously and successfully offering services in markets such as Estonia, Lithuania, Poland, the Netherlands, and Belgium. They are also preparing to enter Turkey, for which we are currently preparing a Legal Opinion and other legal proof of the project's credibility. This success story is a testament to the effectiveness of our legal strategies and serves as a strong example for other clients looking to navigate similar challenges, inspiring hope for their own success.

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Music industry secures another victory in its fight against YouTube-Downloaders. "youtube-dl" is a popular piece of software that allows users to download content from YouTube by circumventing a technological protection measure (TPM) implemented by YouTube. Given the potentially infringing nature of this tool, its developer chose to remain unknown. So, the music industry therefore asked the Hosting Provider from where the software could be downloaded to take action and suspend the client's server. The Hosting Provider did not comply, and in March 2023, the Hamburg district court ruled against him, finding the hosting provider liable for damages and injunctive relief (case No 310 O 316/21). The provider appealed, but the appeal has now been fully dismissed, as communicated today in a press release by IFPI's German branch BVMI. The Court found that the Hosting Provider had knowledge of the infringing conduct of its customer from a cease and desist letter sent by the plaintiffs: "After taking note of and evaluating the letter from the plaintiffs' representatives dated September 22, 2020, Exhibit K 10, the defendant should have blocked access to the website https://***** for retrieval by internet users. He then had specific knowledge of the illegal act, namely, enabling the unlawful circumvention of YouTube's technical protection measures via the website he hosted. He was aware that the website advertised the software youtube-dl and contained a link for downloading the software. He had also been informed that YouTube had implemented a technical measure to prevent the downloading of content and that youtube-dl was used to circumvent this measure. He was therefore also aware that the action was unlawful; in any case, the defendant knowingly accepted the unlawfulness of the action." Failure to act upon this knowledge resulted in liability of the hosting provider, for aiding and abetting the customer who operated the website in question. A further appeal to the BGH/FCJ has not been allowed by the court, so that the decision is final. #copyright #antipiracy

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Dialed Records charting update: We are now on the front page of the Minimal / Deep Tech genre on Beatport because we are the #10 release in the category. DRX004 is the #36 OVERALL release on Beatport as well. DRX004 A side sits at #56 on the Hype Minimal / Deep Tech chart while the B side sits at #69 on the same chart.

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#OpenAI #CopyrightInfringement “In a revealing exposé that underscores the growing ethical concerns in artificial intelligence development, former OpenAI researcher Suchir Balaji has stepped forward with troubling allegations about the company's data collection practices. His departure adds to the mounting exodus of key personnel from the AI giant, raising questions about the company's direction and practices.” “In his interviews and blog posts, Balaji raises ethical concerns about the AI industry (who would have guessed?) and the threat to content creators. He claims OpenAI’s broad data-harvesting strategies could be violating copyrights, bringing potential legal storms and jeopardizing the entire ecosystem of internet of online content creation.” Read the post and go to the link for the Forbes article: #AI #ArtificialIntelligence #IP #IntelectualProperty #PropiedadIntelectual #PI #GenerativeAi #GeAi #InteligenciaArtificial #InteligenciaArtificialGenerativa #IntelligenceArtificielle #KünstlicheIntelligenz #Law #Tech #Technology #propriétéintellectuelle #Copyright #CopyrightLaw #Data #TDM #DataMining #TextMining #Content #DataCollection #Creators #DataHarvesting #AIEthics #DataTraining #AITools #ContentCreation #SustainableAI #AIandLaw #DerechoDeAutor #DroitdAuteur #Digital #DigitalRights #CreativeIndustries

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I'm tired of the #AI noise. That’s why we’re creating a signal worth following. It’s called Tigers United 7, and it’s happening this Thursday :) We’ve made everything to make the agenda and the whole event formula fresh: 1. Each speaker knows the main points of the others. 2. With Wiktoria Wójcik, we’ll combine and reinterpret these points from a business perspective during the hashtag #commentary session. 3. I’ll share a keynote for non-technical people, explaining in the simplest possible terms how to prepare your company for hashtag #AI transformation. We might be overestimating AI in the short term, but in the long term, every process in every company will be radically transformed. Our mission is to cut through the noise and create a signal that even the most non-technical audience can grasp. No jargon, just clear, actionable insights. If you’re a marketer or business professional, you’ll leave with practical concepts you can implement immediately: - create your own GPT, - transform your team’s work, - rethink your industry’s future. We’ve got something for everyone serious about surfing this wave! Stay on the offensive, Frank PS: Don’t miss the mastermind spots, as we have three left. Join us in a proven formula, where you can discuss your business challenges with our leaders and clients, followed by a Friday dinner to build deeper connections.

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Do we still need music creators? Valued at $500M, the AI music-creating company "Suno" is making waves with its innovative technology. The official Suno app is now available in US app stores, allowing users to generate full-length songs of any style, form, and language in just minutes by entering a few descriptive keywords. Using Suno, I just "composed" an "original" song in the style of 90s space-funk (think Cowboy Bebop 🤠 ) in Japanese... I don't understand a single word, but hey, it sure sounds great! With AI pushing boundaries and posing challenges to the traditional creative process, we must ask the following: 1️⃣ What does it mean to be a music creator today? 2️⃣ How can our generation of music executives restructure policies and mechanisms that simultaneously protect human creators, while not inhibiting positive integrations of AI in the creative industry?

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9 Lessons from George Carlin's estate that Protect Your Brand From AI Disasters The recent settlement in Main Sequence Ltd. v. Dudesy LLC involving George Carlin's estate and an AI-generated comedy special underscores the intricate relationship between AI, copyright, and publicity. 𝗥𝗲𝘀𝗽𝗲𝗰𝘁 𝗜𝗻𝘁𝗲𝗹𝗹𝗲𝗰𝘁𝘂𝗮𝗹 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗥𝗶𝗴𝗵𝘁𝘀: The lawsuit illustrates the importance of respecting copyright and publicity rights. Founders should ensure they have the necessary permissions, rights clearances, and licenses when using someone else's creative works or likenesses. 𝗨𝗻𝗱𝗲𝗿𝘀𝘁𝗮𝗻𝗱 𝘁𝗵𝗲 𝗟𝗲𝗴𝗮𝗹 𝗟𝗮𝗻𝗱𝘀𝗰𝗮𝗽𝗲: Familiarize yourself with the laws governing AI and copyright. The boundaries of what AI can legally do with copyrighted material and likenesses are still being defined, and staying informed is crucial. 𝗣𝗿𝗶𝗼𝗿𝗶𝘁𝗶𝘇𝗲 𝗘𝘁𝗵𝗶𝗰𝗮𝗹 𝗨𝘀𝗲 𝗼𝗳 𝗔𝗜: The case highlights the ethical considerations of using AI to replicate individuals, especially posthumously. Founders should consider the ethical implications of their AI applications and strive for transparency. 𝗕𝗲 𝗧𝗿𝗮𝗻𝘀𝗽𝗮𝗿𝗲𝗻𝘁 𝗔𝗯𝗼𝘂𝘁 𝗔𝗜'𝘀 𝗥𝗼𝗹𝗲: Dudesy faced additional scrutiny for initially presenting the special as AI-generated when it was actually written by a human. Transparency about the use of AI is essential to maintain trust and credibility. 𝗣𝗿𝗲𝗽𝗮𝗿𝗲 𝗳𝗼𝗿 𝗟𝗲𝗴𝗮𝗹 𝗖𝗵𝗮𝗹𝗹𝗲𝗻𝗴𝗲𝘀: AI is a powerful tool, but it can also lead to legal challenges. Founders should be prepared for potential lawsuits and have a legal strategy in place for their AI-driven projects. 𝗦𝗲𝗰𝘂𝗿𝗲 𝗜𝗻𝗳𝗼𝗿𝗺𝗲𝗱 𝗖𝗼𝗻𝘀𝗲𝗻𝘁: The SAG-AFTRA strike and proposed No Fakes Act reflect a growing demand for informed consent and compensation guardrails in the use of AI in entertainment. Founders should secure informed consent and rights clearances, when using someone's likeness or voice. 𝗖𝗼𝗻𝘀𝗶𝗱𝗲𝗿 𝘁𝗵𝗲 𝗜𝗺𝗽𝗮𝗰𝘁 𝗼𝗻 𝗟𝗲𝗴𝗮𝗰𝘆: The case demonstrates how AI-generated content can affect the legacy of individuals. Founders should consider how their use of AI impacts the legacies of those they are replicating 𝗕𝗲 𝗪𝗮𝗿𝘆 𝗼𝗳 𝗣𝘂𝗯𝗹𝗶𝗰 𝗣𝗲𝗿𝗰𝗲𝗽𝘁𝗶𝗼𝗻: The backlash from Carlin's fans and family illustrates the public's sensitivity to AI-generated content that mimics deceased individuals. Founders should be mindful of how their products will be received by the public and families. 𝗠𝗼𝗻𝗶𝘁𝗼𝗿 𝗘𝗺𝗲𝗿𝗴𝗶𝗻𝗴 𝗟𝗲𝗴𝗶𝘀𝗹𝗮𝘁𝗶𝗼𝗻: With AI technology rapidly evolving, new legislation is likely to emerge. Founders should keep an eye on legal developments to ensure their AI applications remain compliant.

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Creatives & Startups that are using or considering using an AI model in their businesses provided by a third party need to be aware of the copyright risks that are making their way through the U.S. courts and what level of risk you are exposing yourself to. The Hollywood Reporter article highlights how this litigation case’s outcome “could entangle in the litigation any AI company that incorporated the model into its products." The lawsuit revolves around the data set used to train the model, which contained 5 BILLION images that were allegedly scraped from the internet and utilized by Stability and Runway to create Stable Diffusion. “It implicated Midjourney, which trained its AI system using the model, as well as DeviantArt for using the model in DreamUp, an image generation tool.” So what exactly does “incorporated the model into its products” mean for a startup? Are there alternative tools you can pivot to to avoid these risks? If you are an artist or creative startup looking for guidance on how to protect your work and optimize your business goals in the rapidly evolving world of AI - let’s connect!

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🚀 **Exploring the Future of Tech, AI, and Entertainment IP Rights** In the ever-evolving landscape of technology and artificial intelligence, the way we manage intellectual property (IP) in the entertainment industry is undergoing a significant transformation. As creators integrate more AI tools into their work, from music to film and beyond, the question of ownership and rights becomes more complex and crucial. Unique Insight: One of the lesser-known yet pivotal developments is the integration of blockchain technology with AI to manage and protect IP rights. Blockchain's inherent characteristics like decentralization, transparency, and immutability could revolutionize how we handle IP rights, making processes more transparent and disputes easier to resolve. This technology not only promises to track the creation and distribution of digital assets accurately but also ensures that the rights of original creators are upheld in a landscape increasingly dominated by AI-generated content. As we navigate this new era, platforms that facilitate the efficient management of digital assets and IP rights are invaluable. One such platform is [Digiramp.com](https://www.digiramp.com). Digiramp offers creators, artists, and businesses a powerful tool to manage their IP rights and digital assets securely and transparently. Whether you're looking to protect your music, videos, or digital art, Digiramp provides a streamlined solution tailored to the needs of modern creators. 💡 The future of entertainment relies heavily on our ability to adapt to new technologies and protect the rights of creators in innovative ways. As we look forward, the combination of AI, blockchain, and comprehensive management platforms like Digiramp will be at the forefront of this exciting frontier. Join the conversation and share your thoughts on how technology will shape the future of entertainment and IP rights! #TechAI #EntertainmentLaw #IPRights #DigitalAssets #Digiramp --- We invite all readers to engage by presenting a unique perspective on the use of blockchain technology in managing IP rights, and Digiramp.com as a crucial tool in this context.

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Video Game Actors Strike: AI Concerns Halt Major Productions More creatives are taking action on their serious AI concerns. The biggest legal issue: the definition of “Performer” “The strike, which began on July 26, 2024, has halted work for many major video game producers, including Electronics Arts, Activision Productions, Insomniac Games, Take-Two Interactive, Epic Games, and WB Games.” Sure seems like this strike is getting significantly less media attention when how “performer” is defined could have legal ramifications for more than just video games. Are production companies making a sneaky move here?

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So you're gonna sell 17% of the net revenue in your #Roblox game. But how do you define "the game"? And why does it matter?   Consider these questions: Does "the game" include sequels? prequels? spinoffs?   What if the game is taken down and then re-uploaded under a different Roblox ID?   What about merch? What if the game is ported to another platform?   What if the seller stops promoting and developing the game and instead ports users over to a copy-cat game they own, where they don't have to payout any revenue?   In general, when you are the buyer of the interest in the game, you want "the game" to be defined as broadly as possible. And when you're the seller of the game interest, you want it to be defined as narrowly as possible.   That makes sense, since the buyer wants to capture as much potential game revenue as possible, and the seller wants to transfer as little game revenue as possible.   Remember, #lawyers are trained to think about all the things that could go wrong. They're generally risk averse.   There is always a tension between getting the deal done, and covering every edge-case where you might get screwed.   The terms of the deal are negotiable. You try to negotiate the best deal that you can, and if you don't like it, you walk away. Ultimately one of the most important goals is to #issuespot these things in advance, so you aren't fighting later about whether your purchase/sale of the game includes, for example, sequels.   In my next post I'll talk about anticipating and covering payment issues.   #Robloxlaw #videogamelaw #indiegame #IndieGameDev #RobloxDev #indiedev #MarkowitzHerbold

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How do you submit a DMCA notice to Roblox? And what goes in the notice? 📫 Email a letter to [email protected] ❓ What goes in the letter? ➡ Here are the minimum requirements. 1. The letter needs to be signed by the IP owner. (That's you in this scenario!) An electronic signature is ok. 👌 2. A description of your IP that you claim has been infringed. 3. A description of the material that you claim is infringing your IP and where it is located. 4. A statement that you have a good faith belief that the use of those materials is not authorized. 5. Your name, address, phone number, and email address. ⚠ I know this gives everyone heartburn because of doxxing concerns. But there are some workarounds. I’ll cover that another time. ⚠ 6. A statement that the information in your notice is accurate. 7. And that you swear, under penalty of perjury, that you are the IP owner. But that's just the minimum requirements! ❓ How do you make your DMCA notice persuasive, so that Roblox actually takes down the infringing game? I'll cover that another time! #videogamelaw #robloxlaw #roblox #indiegames #robloxdev #MarkowitzHerbold

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And the best argument for the DOLCE&GABBANA NFTs not being a security? The plaintiff's complaint! Plaintiff alleges that D&G failed to fulfill its promises to provide "a combination of eight either: (i) digital wearables (digital outfits available for use in a metaverse application called Decentraland), (ii) physical clothing from Dolce & Gabbana, and/or (iii) live events that purchasers of multiple boxes could attend." [Yes, I wondered as well why it referred to a "combination of eight" and then listed on three things/categories. I gather that D&G NFT owners were promised a grab bag comprised of some of the above]. This sounds like the opposite of a security: rather than being a collective economic endeavor that could yield a profit, it was instead the advance sale of physical and virtual goods and services, albeit perhaps now worth-less virtual goods. Hey, maybe Decentraland real estate will stage a comeback when mortgage rates lower and then people will again need fancy virtual clothing for their avatars to wear there.

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"...Rights management solutions such as #AI data marketplaces make it easier for data rights holders and AI developers to enter into deals with each other, and this hassle-free licensing process unlocks new revenue opportunities for data rights holders by effective scaling up their content partnership teams." MMC Ventures who back well known names like Synthesia and Signal AI are at the forefront of AI having done research in this topic since 2017. They understand, map and invest in AI companies across multiple sectors as AI has developed from frontier to the early mainstream and new techniques have emerged. Human Native AI is proud to be part of this elite group of early movers together with some phenomenal names in the AI world. Thank you Advika Jalan and Charlotte Barttelot for this piece of thorough research with a fun musical pairing to each section.

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