A federal court just held training AI on unlicensed books IS fair use
This week’s musings on tech contracts… On Monday, a U.S. federal district court held that AI vendors don’t infringe copyright when they train gen-AI on
June 26, 2025
This week’s musings on tech contracts… On Monday, a U.S. federal district court held that AI vendors don’t infringe copyright when they train gen-AI on
I think it’s a mistake to indemnify against claims resulting from indemnitor negligence or other wrongdoing. Indemnities against 3rd party claims usually specify the claims
Does generative AI really present a gaggle of copyright brainteasers? Or are the answers actually simple, based on old law?
Feedback licenses and assignments create a mess for the customer. And they’re not necessary for the vendor. Here’s a better clause.
Generative AI raises five sets of issues not often found in IT contracts. So do other machine learning (ML) systems, particularly those trained on massive
I used AI to generate the image below. (I wanted new wallpaper for my laptop, but this was a bit more sci-fi than I had
This is the third and last in our series of posts about contracts for purchase and sale of AI with a focus on gen-AI. Click
This is the second of a three-post issue-spotter about contracts related to artificial intelligence, with a particular focus on gen-AI. Click here for the first
Contracts about artificial intelligence raise most of the same issues as other software agreements. But they raise unique issues too, particularly when they involve generative
We recently discussed typical IP issues in tech contracts, live on LinkedIn. If you have a LinkedIn account, you can watch the program, which lasts
This article has been superseded by an updated version. Some intellectual property indemnities exclude claims about IP registered after the contract’s effective date. The tech
Here’s a typical grant of rights from a software end-user license agreement (EULA): Provider hereby grants Customer a license to use 30 copies of the
Contract drafters regularly confuse cloud services with traditional products and services. They approach software-as-a-service (aka SaaS) and other cloud services as if they were either
The one hour webinar David Tollen presented on December 3rd is now available online. Click here to access it through our host, The Western Banker’s
Please click here for an updated version of this post. The feedback license appears in many tech contracts. It usually gives the vendor a broad,