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      Google wins Sonos patent case, immediately ships speaker software update

      news.movim.eu / ArsTechnica · Wednesday, 11 October, 2023 - 18:49 · 1 minute

    Promotional image of smart speaker.

    Enlarge / The Nest Audio. (credit: Google )

    Google and Sonos have been volleying patent infringement lawsuits back and forth for a few years now. Sonos has been making Internet-connected speakers since 2005 and has a lot of patents, while Google only jumped into the market in 2016 with the first speaker in the Google Home lineup (now called "Nest Audio"). You may remember that in early 2022 , Google lost a Sonos patent infringement case around controlling multiple speakers together in a group. After losing, rather than just paying Sonos a licensing fee for the feature, Google instead chose to reach into customers' homes and disable the feature from devices people had already bought.

    This week Google managed to convince a federal court that some of the patents from the 2022 ruling are invalid, and Google's response was to immediately ship an update re-enabling the group speaker features on customers' devices. Here's the pretty wild statement Google made to customers on the Nest Support forum:

    We recently made a change to speaker groups for Nest speakers, displays, and Chromecast where certain devices can only belong to one speaker group at a time in the Google Home app. A federal judge has found that two patents that Sonos accused our devices of infringing are invalid .

    In light of this legal decision we’re happy to share that we will be rolling back this change. Devices will be able to belong to multiple speaker groups and you will no longer run into an error when trying to add a device to additional groups. We’re beginning to roll out this update immediately and expect it to go live across our devices and the Home App on Android in the next 48 hours. The change will also be coming soon to the Home App on iOS.

    As it says in the statement, the invalidated patents were around adding speakers to multiple speaker groups. Google Home/Nest Audio and Sonos speakers can play audio from multiple speakers in multiple rooms, using their built-in microphones to automatically juggle the surprisingly complex audio delay problems, creating a seamless whole-home audio experience. Sonos smacked down Google with five patents in 2022, with the (still valid!) headline patent allowing for the control of multiple speaker volumes at once. Sonos won $32.5 million in damages from Google.

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      Grisham, Martin join authors suing OpenAI: “There is nothing fair about this”

      news.movim.eu / ArsTechnica · Wednesday, 20 September, 2023 - 19:44

    George R.R. Martin at an HBO Max screening.

    Enlarge / George R.R. Martin at an HBO Max screening. (credit: Amy Sussman/GA / Contributor | The Hollywood Reporter )

    Yesterday, popular authors including John Grisham, Jonathan Franzen, George R.R. Martin, Jodi Picoult, and George Saunders joined the Authors Guild in suing OpenAI, alleging that training the company's large language models (LLMs) used to power AI tools like ChatGPT on pirated versions of their books violates copyright laws and is "systematic theft on a mass scale."

    “Generative AI is a vast new field for Silicon Valley's longstanding exploitation of content providers," Franzen said in a statement provided to Ars. "Authors should have the right to decide when their works are used to ‘train’ AI. If they choose to opt in, they should be appropriately compensated.”

    OpenAI has previously argued against two lawsuits filed earlier this year by authors making similar claims that authors suing "misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence."

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      “Most notorious” illegal shadow library sued by textbook publishers

      news.movim.eu / ArsTechnica · Friday, 15 September, 2023 - 20:56

    “Most notorious” illegal shadow library sued by textbook publishers

    Enlarge (credit: Maryna Terletska | Moment )

    Yesterday, some of the biggest textbook publishers sued Library Genesis, an illegal shadow library that publishers accused of "extensive violations of federal copyright law."

    Publishers suing include Cengage Learning, Macmillan Learning, McGraw Hill, and Pearson Education. They claimed that Library Genesis (aka Libgen) is operated by unknown individuals based outside the United States, who know that the shadow library is "one of the largest, most notorious, and far-reaching infringement operations in the world" and intentionally violate copyright laws with "absolutely no legal justification for what they do."

    According to publishers, Libgen offers free downloads for over 20,000 books that the publishers never authorized Libgen to distribute. They claimed that Libgen is "a massive piracy effort" and noted that their complaint may be updated if more infringed works are found. This vast infringement is causing publishers and authors serious financial and creative harm, publishers alleged.

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      Microsoft offers legal protection for AI copyright infringement challenges

      news.movim.eu / ArsTechnica · Friday, 8 September, 2023 - 22:40

    A man in an armor helmet sitting at a desk with a protective glowing field around him.

    Enlarge (credit: Getty Images / Benj Edwards )

    On Thursday, Microsoft announced that it will provide legal protection for customers who are sued for copyright infringement over content generated by the company's AI systems. This new policy, called the Copilot Copyright Commitment, is an expansion of Microsoft's existing intellectual property indemnification coverage, Reuters reports .

    Microsoft's announcement comes as generative AI tools like ChatGPT have raised concerns about reproducing copyrighted material without proper attribution. Microsoft has heavily invested in AI through products like GitHub Copilot and Bing Chat that can generate original code, text, and images on demand. Its AI models have gained these capabilities by scraping publicly available data off of the Internet without seeking express permission from copyright holders.

    By offering legal protection, Microsoft aims to give customers confidence in deploying its AI systems without worrying about potential copyright issues. The policy covers damages and legal fees, providing customers with an added layer of protection as generative AI sees rapid adoption across the tech industry.

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      OpenAI disputes authors’ claims that every ChatGPT response is a derivative work

      news.movim.eu / ArsTechnica · Wednesday, 30 August, 2023 - 17:31

    Sarah Silverman attends <em>The Bedwetter</em> book signing at the Barnes and Noble Union Square in New York City.

    Enlarge / Sarah Silverman attends The Bedwetter book signing at the Barnes and Noble Union Square in New York City. (credit: Lars Niki / Contributor | Corbis Entertainment )

    This week, OpenAI finally responded to a pair of nearly identical class-action lawsuits from book authors —including Sarah Silverman, Paul Tremblay, Mona Awad, Chris Golden, and Richard Kadrey—who earlier this summer alleged that ChatGPT was illegally trained on pirated copies of their books.

    In OpenAI's motion to dismiss (filed in both lawsuits) , the company asked a US district court in California to toss all but one claim alleging direct copyright infringement, which OpenAI hopes to defeat at "a later stage of the case."

    The authors' other claims—alleging vicarious copyright infringement, violation of the Digital Millennium Copyright Act (DMCA), unfair competition, negligence, and unjust enrichment—need to be "trimmed" from the lawsuits "so that these cases do not proceed to discovery and beyond with legally infirm theories of liability," OpenAI argued.

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      Internet Archive’s legal woes mount as record labels sue for $400M

      news.movim.eu / ArsTechnica · Tuesday, 15 August, 2023 - 18:21

    Internet Archive’s legal woes mount as record labels sue for $400M

    Enlarge (credit: Kinga Krzeminska | Moment )

    Major record labels are suing the Internet Archive, accusing the nonprofit of "massive" and "blatant" copyright infringement "of works by some of the greatest artists of the Twentieth Century."

    The lawsuit was filed Friday in a US district court in New York by UMG Recordings, Capitol Records, Concord Bicycle Assets, CMGI, Sony Music Entertainment, and Arista Music. It targets the Internet Archive's "Great 78 Project," which was launched in 2006.

    For the Great 78 Project, the Internet Archive partners with recording engineer George Blood— who is also a defendant in the lawsuit—to digitize sound recordings on 78 revolutions-per-minute (RPM) records. These early sound recordings are typically of poor quality and were made between 1898 and the late 1950s by using very brittle materials. The goal of the Great 78 Project was to preserve these early recordings so they would not be lost as records break and could continue to be studied as originally recorded.

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      Sarah Silverman sues OpenAI, Meta for being “industrial-strength plagiarists”

      news.movim.eu / ArsTechnica · Monday, 10 July, 2023 - 19:42 · 6 minutes

    Comedian and author Sarah Silverman.

    Enlarge / Comedian and author Sarah Silverman. (credit: Jason Kempin / Staff | Getty Images North America )

    On Friday, the Joseph Saveri Law Firm filed US federal class-action lawsuits on behalf of Sarah Silverman and other authors against OpenAI and Meta, accusing the companies of illegally using copyrighted material to train AI language models such as ChatGPT and LLaMA .

    Other authors represented include Christopher Golden and Richard Kadrey, and an earlier class-action lawsuit filed by the same firm on June 28 included authors Paul Tremblay and Mona Awad. Each lawsuit alleges violations of the Digital Millennium Copyright Act, unfair competition laws, and negligence.

    The Joseph Saveri Law Firm is no stranger to press-friendly legal action against generative AI. In November 2022, the same firm filed suit over GitHub Copilot for alleged copyright violations. In January 2023, the same legal group repeated that formula with a class-action lawsuit against Stability AI, Midjourney, and DeviantArt over AI image generators. The GitHub lawsuit is currently on path to trial, according to lawyer Matthew Butterick. Procedural maneuvering in the Stable Diffusion lawsuit is still underway with no clear outcome yet.

    In a press release last month, the law firm described ChatGPT and LLaMA as "industrial-strength plagiarists that violate the rights of book authors." Authors and publishers have been reaching out to the law firm since March 2023, lawyers Joseph Saveri and Butterick wrote, because authors "are concerned" about these AI tools' "uncanny ability to generate text similar to that found in copyrighted textual materials, including thousands of books."

    The most recent lawsuits from Silverman, Golden, and Kadrey were filed in a US district court in San Francisco. Authors have demanded jury trials in each case and are seeking permanent injunctive relief that could force Meta and OpenAI to make changes to their AI tools.

    Meta declined Ars' request to comment. OpenAI did not immediately respond to Ars' request to comment.

    A spokesperson for the Saveri Law Firm sent Ars a statement, saying, "If this alleged behavior is allowed to continue, these models will eventually replace the authors whose stolen works power these AI products with whom they are competing. This novel suit represents a larger fight for preserving ownership rights for all artists and other creators."

    Accused of using “flagrantly illegal” data sets

    Neither Meta nor OpenAI has fully disclosed what's in the data sets used to train LLaMA and ChatGPT. But lawyers for authors suing say they have deduced the likely data sources from clues in statements and papers released by the companies or related researchers. Authors have accused both OpenAI and Meta of using training data sets that contained copyrighted materials distributed without authors' or publishers' consent, including by downloading works from some of the largest e-book pirate sites.

    In the OpenAI lawsuit , authors alleged that based on OpenAI disclosures, ChatGPT appeared to have been trained on 294,000 books allegedly downloaded from "notorious 'shadow library' websites like Library Genesis (aka LibGen), Z-Library (aka Bok), Sci-Hub, and Bibliotik." Meta has disclosed that LLaMA was trained on part of a data set called ThePile, which the other lawsuit alleged includes “all of Bibliotik,” and amounts to 196,640 books.

    On top of allegedly accessing copyrighted works through shadow libraries, OpenAI is also accused of using a "controversial data set" called BookCorpus.

    BookCorpus, the OpenAI lawsuit said, "was assembled in 2015 by a team of AI researchers for the purpose of training language models." This research team allegedly "copied the books from a website called Smashwords that hosts self-published novels, that are available to readers at no cost." These novels, however, are still under copyright and allegedly "were copied into the BookCorpus data set without consent, credit, or compensation to the authors."

    Ars could not immediately reach the BookCorpus researchers or Smashwords for comment. [ Update: Dan Wood, COO of Draft2Digital—which acquired Smashwords in March 2022—told Ars that the Smashwords  "store site lists close to 800,000 titles for sale," with "about 100,000" currently priced at free.

    "Typically, the free book will be the first of a series," Wood said. "Some authors will keep these titles free indefinitely, and some will run limited promotions where they offer the book for free. From what we understand of the BookCorpus data set, approximately 7,185 unique titles that were priced free at the time were scraped without the knowledge or permission of Smashwords or its authors." It wasn't until March 2023 when Draft2Digital "first became aware of the scraped books being used for commercial purposes and redistributed, which is a clear violation of Smashwords’ terms of service," Wood said.

    "Every author, whether they have an internationally recognizable name or have just published their first book, deserve to have their copyright protected," Wood told Ars. "They also should have the confidence that the publishing service they entrust their work with will protect it. To that end, we are working diligently with our lawyers to fully understand the issues—including who took the data and where it was distributed—and to devise a strategy to ensure our authors’ rights are enforced. We are watching the current cases being brought against OpenAI and Meta very closely."]

    “Numerous questions of law” raised

    Authors claim that by utilizing "flagrantly illegal" data sets, OpenAI allegedly infringed copyrights of Silverman's book The Bedwetter , Golden’s Ararat , and Kadrey’s Sandman Slime . And Meta allegedly infringed copyrights of the same three books, as well as "several" other titles from Golden and Kadrey.

    It seems obvious to authors that their books were used to train ChatGPT and LLaMA because the tools "can accurately summarize a certain copyrighted book." Although sometimes ChatGPT gets some details wrong, its summaries are otherwise very accurate, and this suggests that "ChatGPT retains knowledge of particular works in the training data set and is able to output similar textual content," the authors alleged.

    It also seems obvious to authors that OpenAI and Meta knew that their models were "ingesting" copyrighted materials because all the copyright-management information (CMI) appears to have been "intentionally removed," authors alleged. That means that ChatGPT never responds to a request for a summary by citing who has the copyright, allowing OpenAI to "unfairly profit from and take credit for developing a commercial product based on unattributed reproductions of those stolen writing and ideas."

    "OpenAI knew or had reasonable grounds to know that this removal of CMI would facilitate copyright infringement by concealing the fact that every output from the OpenAI Language Models is an infringing derivative work, synthesized entirely from expressive information found in the training data," the OpenAI complaint said.

    Among "numerous questions of law" raised in these complaints was a particularly prickly question: Is ChatGPT or LLaMA itself an infringing derivative work based on perhaps thousands of authors' works?

    Authors are already upset that companies seem to be unfairly profiting off their copyrighted materials, and the Meta lawsuit noted that any unfair profits currently gained could further balloon, as "Meta plans to make the next version of LLaMA commercially available." In addition to other damages, the authors are asking for restitution of alleged profits lost.

    "Much of the material in the training datasets used by OpenAI and Meta comes from copyrighted works—including books written by plain­tiffs—that were copied by OpenAI and Meta without consent, without credit, and without compensation," Saveri and Butterick wrote in their press release.

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      Take-Two Dismisses Claims Against Lead Defendants in GTA Mods Lawsuit

      news.movim.eu / TorrentFreak · Wednesday, 5 April, 2023 - 09:15 · 3 minutes

    gta In 2021, a group of Grand Theft Auto enthusiast programmers released ‘re3’ and ‘reVC’, a pair of reverse-engineered modifications for GTA 3 and Vice City.

    These projects breathed new life into games that while still fantastic, benefited greatly from significant enhancements that helped to wind back the years. Fans loved ‘re3’ and ‘reVC’ but Take-Two and Rockstar Games most definitely did not.

    The companies’ first move was to file a DMCA notice that ordered GitHub to take the projects down . The programmers’ response came via a DMCA counternotice which restored their projects on GitHub but left them exposed to a potential legal response by Take-Two.

    Take-Two Files Copyright Lawsuit

    In September 2021, Take-Two filed a lawsuit against the programmers, claiming that the aim of the projects was to create and distribute pirated versions of GTA 3 and Vice City.

    The company’s claims included damages for “willful and malicious” copyright infringement due to the illegal copying, adaption and distribution of GTA source code and other protected content. For good measure, Take-Two also demanded damages for alleged misrepresentations in the defendants’ DMCA counternotices.

    The lawsuit listed 14 defendants, just four of which were named: Angelo Papenhoff (aap), Theo Morra, Eray Orçunus, and Adrian Graber. In their November 2021 answer to the complaint, the four men denied the copyright infringement allegations and cited fair use among other affirmative defenses.

    One Year Later, Limited Visible Progress

    The first five months of 2022 were relatively uneventful, at least based on information made available to the public. The parties did participate in an ADR (Alternative Dispute Resolution) session but according to the mediator’s report early May, the case did not settle.

    No further entries appeared on the docket until December 2022, when the parties informed the court that since disclosure and discovery in the lawsuit was likely to involve the production of confidential, proprietary, or private information, special protection from public disclosure may be warranted. The court had no problem with granting the request.

    As part of this process, Take-Two served an expert report on November 17, 2022, leaving a deadline of December 15 for Papenhoff, Morra, Orçunus, and Graber to disclose their rebuttal expert witness. What followed was a series of requests for time extensions and a note to the court on February 6, 2023, indicating that a settlement had been agreed in principle.

    Take-Two Dismisses Claims Against Four Named Defendants

    Following the news of the potential settlement, the court granted a 30-day extension until March 19. When that date disappeared into history with no further docket activity, the court issued an order for the parties to file a status report by April 3. The parties responded on the day of the deadline with a joint stipulation of dismissal.

    “In accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii) , by and between the
    undersigned counsel for the Plaintiff, Take Two Interactive Software, Inc., and counsel for Defendants Angelo Papenhoff, Theo Morra, Eray Orçunus, and Adrian Graber that all claims asserted in the above-referenced action against the Named Defendants are dismissed with prejudice,” the parties informed the court.

    In these circumstances, the dismissal does not require the court to issue an order, since the signatures of the parties who have appeared in the case will suffice. Take-Two and the developers will bear their own costs, expenses, and attorneys’ fees.

    What prompted this meeting of minds and subsequent agreement isn’t mentioned, but for the four men, the lawsuit is over and cannot be refiled in the future.

    On Monday, the lawsuit appeared set to continue against the remaining defendants – Doe 1 (a/k/a Ash R. and ASH_735) plus Does 2 through 10 inclusive – whoever (and wherever) they might be. An update filed Tuesday clarified the position.

    “Plaintiff, Take Two Interactive Software, Inc., hereby voluntarily dismisses Defendants Doe 1 a/k/a ASH R. and ASH_735 and Does 2-10, without prejudice,” the company informed the court.

    It’s possible that a fresh lawsuit will be filed in the future but, realistically, not anytime soon.

    The joint stipulation of dismissal can be found here ( pdf )

    From: TF , for the latest news on copyright battles, piracy and more.

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      Publishers beat Internet Archive as judge rules e-book lending violates copyright

      news.movim.eu / ArsTechnica · Monday, 27 March, 2023 - 17:22

    Publishers beat Internet Archive as judge rules e-book lending violates copyright

    Enlarge (credit: nicolamargaret | E+ )

    On Friday, a US district judge ruled in favor of book publishers suing the Internet Archive (IA) for copyright infringement. The IA’s Open Library project —which partners with libraries to scan print books in their collections and offer them as lendable e-books—had no right to reproduce 127 of the publishers’ books named in the suit, judge John Koeltl decided.

    IA's so-called "controlled digital lending" practice "merely creates derivative e-books that, when lent to the public, compete with those [e-books] authorized by the publishers,” Koeltl wrote in his opinion.

    Publishers suing—Hachette, HarperCollins, Penguin Random House, and Wiley—had alleged that the Open Library provided a way for libraries to avoid paying e-book licensing fees that generate substantial revenue for publishers. These licensing fees are paid by aggregators like OverDrive and constitute a “thriving” market that IA “supplants,” Koeltl wrote. Penguin’s e-book licensing generates $59 million annually, for example.

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