|
|
|
Getty Images and Stability AI clash in UK copyright trial testing AI's future
Legal Court Feed |
2025/06/10 11:06
|
Getty Images is facing off against artificial intelligence company Stability AI in a London courtroom for the first major copyright trial of the generative AI industry.
Opening arguments before a judge at the British High Court began on Monday. The trial could last for three weeks.
Stability, based in London, owns a widely used AI image-making tool that sparked enthusiasm for the instant creation of AI artwork and photorealistic images upon its release in August 2022. OpenAI introduced its surprise hit chatbot ChatGPT three months later.
Seattle-based Getty has argued that the development of the AI image maker, called Stable Diffusion, involved “brazen infringement” of Getty’s photography collection “on a staggering scale.”
Tech companies have long argued that “fair use” or “fair dealing” legal doctrines in the United States and United Kingdom allow them to train their AI systems on large troves of writings or images. Getty was among the first to challenge those practices when it filed copyright infringement lawsuits in the United States and the United Kingdom in early 2023.
“What Stability did was inappropriate,” Getty CEO Craig Peters told The Associated Press in 2023. He said creators of intellectual property should be asked for permission before their works are fed into AI systems rather than having to participate in an “opt-out regime.”
Getty’s legal team told the court Monday that its position is that the case isn’t a battle between the creative and technology industries and that the two can still work together in “synergistic harmony” because licensing creative works is critical to AI’s success.
“The problem is when AI companies such as Stability AI want to use those works without payment,” Getty’s trial lawyer, Lindsay Lane, said.
She said the case was about “straightforward enforcement of intellectual property rights,” including copyright, trademark and database rights.
Getty Images “recognizes that the AI industry is a force for good but that doesn’t justify those developing AI models to ride roughshod over intellectual property rights,” Lane said.
Stability AI had a “voracious appetite” for images to train its AI model, but the company was “completely indifferent to the nature of those works,” Lane said.
Stability didn’t care if images were protected by copyright, had watermarks, were not safe for work or were pornographic and just wanted to get its model to the market as soon as possible, Lane said.
“This trial is the day of reckoning for that approach,” she said.
Stability has argued that the case doesn’t belong in the United Kingdom because the training of the AI model technically happened elsewhere, on computers run by U.S. tech giant Amazon.
The judge’s decision is unlikely to give the AI industry what it most wants, which is expanded copyright exemptions for AI training, said Ben Milloy, a senior associate at UK law firm Fladgate, which is not involved in the case.
But it could “strengthen the hand of either party – rights holders or AI developers – in the context of the commercial negotiations for content licensing deals that are currently playing out worldwide,” Milloy said.
In the years after introducing its open-source technology, Stability confronted challenges in capitalizing on the popularity of the tool, battling lawsuits, misuse and other business problems.
Stable Diffusion’s roots trace back to Germany, where computer scientists at Ludwig Maximilian University of Munich worked with the New York-based tech company Runway to develop the original algorithms. The university researchers credited Stability AI for providing the servers that trained the models, which require large amounts of computing power.
Stability later blamed Runway for releasing an early version of Stable Diffusion that was used to produce abusive sexual images, but also said it would have exclusive control of more recent versions of the AI model.
Stability last year announced what it described as a “significant” infusion of money from new investors including Facebook’s former president Sean Parker, who is now chair of Stability’s board. Parker also has experience in intellectual property disputes as the co-founder of online music company Napster, which temporarily shuttered in the early 2000s after the record industry and popular rock band Metallica sued over copyright violations.
|
|
|
|
|
|
|
Cuban exiles were shielded from deportation. Now Trump is cracking down
Legal Court Feed |
2025/05/25 07:28
|
Immigration officials said Tomás Hernández worked in high-level posts for Cuba’s foreign intelligence agency for decades before migrating to the United States to pursue the American dream.
The 71-year-old was detained by federal agents outside his Miami-area home in March and accused of hiding his ties to Cuba’s Communist Party when he obtained permanent residency.
Cuban-Americans in South Florida have long clamored for a firmer hand with Havana and the recent apprehensions of Hernández and several other former Cuban officials for deportation have been extremely popular among the politically powerful exile community.
“It’s a political gift to Cuban-American hardliners,” said Eduardo Gamarra, a Latin American expert at Florida International University. But many Cubans fear they could be next on Trump’s list, he said, and “some in the community see it as a betrayal.”
While President Donald Trump’s mass deportation pledge has frightened migrants from many nations, it has come as something of a shock to the 2.4 million Cuban-Americans, who strongly backed the Republican twice and have long enjoyed a place of privilege in the U.S. immigration system.
Amid record arrivals of migrants from the Caribbean island, Trump in March revoked temporary humanitarian parole for about 300,000 Cubans. Many have been detained ahead of possible deportation.
Among those facing deportation is a pro-Trump Cuban rapper behind a hit song “Patria y Vida” — “Homeland and Life” — that became the unofficial anthem of anti-communist protests on the island in 2021 and drew praise from the likes of then Republican Sen. Marco Rubio, now Secretary of State. Eliéxer Márquez, who raps under the name El Funky, said he received notice this month that he had 30 days to leave the U.S.
Thanks to Cold War laws aimed at removing Fidel Castro, Cuban migrants for many decades enjoyed almost automatic refugee status in the U.S. and could obtain green cards a year after entry, unlike migrants from virtually every other country.
Support for Trump among likely Cuban-American voters in Miami was at an all-time high on the eve of last year’s election, according to a poll by Florida International University, which has been tracking the Cuban-American community since 1991. Trump rarely mentions Cubans in his attacks on migrant targets including Venezuelans and Haitians. That has given many Cubans hope that they will remain immune to immigration enforcement actions.
Democrats, meanwhile, have been trying to turn the immigration crackdown to their advantage. In April, grassroots groups erected two giant billboards on Miami highways calling Rubio and Republican Reps. Mario Díaz-Balart, María Elvira Salazar and Carlos Giménez “traitors” to the Cuban-American community for failing to protect tens of thousands of migrants from Trump’s immigration policies.
In March, Giménez sent Homeland Security Secretary Kristi Noem a letter with the names of 108 people he said were former Cuban state agents or Communist Party officials living unlawfully in the U.S.
“It is imperative that the Department of Homeland Security enforce existing U.S. laws to identify, deport and repatriate these individuals who pose a direct threat to our national security, the integrity of our immigration system and the safety of Cuban exiles and American citizens alike,” Giménez wrote, adding that the U.S. remains a “beacon of hope and freedom for those escaping tyranny.”
Giménez’s target list was compiled by Luis Dominguez, who left Cuba in 1971 and has made it his mission to topple Cuba’s government. In 2009, when the internet was still a novelty in Cuba, Dominguez said he posed as a 27-year-old female sports journalist from Colombia to lure Castro’s son Antonio into an online romance.
With support from the right-wing Foundation for Human Rights in Cuba, he started combing social media and relying on a well-oiled network of anti-socialist sources, inside Cuba and outside the country, to dox officials allegedly behind human rights abuses and violations of democratic norms. To date, his website, Represores Cubanos — Cuban Repressors — has identified more than 1,200 such state agents, some 150 in the United States.
“They’re chasing the American dream, but previously they condemned it while pursuing the Cuban dream,” Dominguez said. “It’s the typical double life of any Communist regime. When they were in power they criticized anything about the U.S. But now that they’re here, they love it.”
Dominguez, 62, said he regularly shares his findings with federal law enforcement but a spokesman for U.S. Immigration and Customs Enforcement didn’t comment on the agency’s relationship with the activist.
|
|
|
|
|
|
|
Arizona prosecutors ordered to send fake elector case back to grand jury
Legal Court Feed |
2025/05/21 09:47
|
Arizona prosecutors pressing the case against Republicans who are accused of trying to overturn the 2020 election results in President Donald Trump’s favor were dealt a setback when a judge ordered the case be sent back to a grand jury.
Arizona’s fake elector case remains alive after Friday’s ruling by Maricopa County Superior Court Judge Sam Myers, but it’s being sent back to the grand jurors to determine whether there’s probable cause that the defendants committed the crimes.
The decision, first reported by the Washington Post, centered on the Electoral Count Act, a law that governs the certification of a presidential contest and was part of the defendants’ claims they were acting lawfully.
While the law was discussed when the case was presented to the grand jury and the panel asked a witness about the law’s requirements, prosecutors didn’t show the statute’s language to the grand jury, Myers wrote. The judge said a prosecutor has a duty to tell grand jurors all the applicable law and concluded the defendants were denied “a substantial procedural right as guaranteed by Arizona law.”
Richie Taylor, a spokesperson for Arizona Attorney General Kris Mayes, a Democrat whose office is pressing the case in court, said in a statement that prosecutors will appeal the decision. “We vehemently disagree with the court,” Taylor said.
Mel McDonald, a former county judge in metro Phoenix and former U.S. Attorney for Arizona, said courts send cases back to grand juries when prosecutors present misleading or incomplete evidence or didn’t properly instruct panel members on the law.
“They get granted at times. It’s not often,” said McDonald, who isn’t involved in the case.
In all, 18 Republicans were charged with forgery, fraud and conspiracy. The defendants consist of 11 Republicans who submitted a document falsely claiming Trump won Arizona, two former Trump aides and five lawyers connected to the former president, including Rudy Giuliani.
Two defendants have already resolved their cases, while the others have pleaded not guilty to the charges. Trump wasn’t charged in Arizona, but the indictment refers to him as an unindicted coconspirator.
Most of the defendants in the case also are trying to get a court to dismiss their charges under an Arizona law that bars using baseless legal actions in a bid to silence critics.
They argued Mayes tried to use the charges to silence them for their constitutionally protected speech about the 2020 election and actions taken in response to the race’s outcome. Prosecutors said the defendants didn’t have evidence to back up their retaliation claim and that they crossed the line from protected speech to fraud.
Eleven people who had been nominated to be Arizona’s Republican electors met in Phoenix on Dec. 14, 2020, to sign a certificate saying they were “duly elected and qualified” electors and claimed Trump had carried the state in the 2020 election.
President Joe Biden won Arizona by 10,457 votes. A one-minute video of the signing ceremony was posted on social media by the Arizona Republican Party at the time. The document later was sent to Congress and the National Archives, where it was ignored.
Prosecutors in Michigan, Nevada, Georgia and Wisconsin have also filed criminal charges related to the fake electors scheme.
|
|
|
|
|
|
|
Judge to weigh Louisiana AG’s challenge to city jail’s ‘sanctuary’ policy
Legal Court Feed |
2025/04/30 06:34
|
Louisiana Attorney General Liz Murrill is pushing forward with her efforts to force Orleans Parish Sheriff Susan Hutson to drop a longtime policy that generally prohibits deputies from directly engaging in federal immigration enforcement within the city’s jail.
In legal filings, Murrill claims that the policy — which the state characterizes as a so-called “sanctuary city” policy — is in direct conflict with a newly passed state law that requires state and local law enforcement agencies to cooperate with federal immigration agencies.
“The consent decree now sits fundamentally at odds with state law as applicable to immigration detainers,” Murrill said in court documents filed Friday.
A federal court will now determine whether to allow the state of Louisiana to join a 2011 federal suit that resulted in the policy and whether to throw out the policy altogether. A hearing has been set for April 30.
The state’s campaign against “sanctuary” policies comes as President Donald Trump is pushing local law enforcement agencies to join the federal government in his promised immigration crackdown. Since his inauguration, Trump has ordered the U.S. Department of Homeland Security to push for more partnerships between local law enforcement units and federal immigration agencies. A few have already signed up. Louisiana Gov. Jeff Landry, a longtime immigration hardliner and Trump ally, has worked with Republican lawmakers in the state to enact laws that encourage those collaborations.
As attorney general, Landry criticized a policy adopted by the New Orleans Police Department, under a long-running federal consent decree that blocks officers from enforcing immigration laws.
Neither Murrill’s office nor representatives for U.S. Immigration and Customs Enforcement responded to requests for comment.
In court filings, Murrill said Hutson “does not oppose the (state’s) intervention” in the case.” But a spokesperson for Hutson said that’s not exactly true. “It’s more accurate that we take no position regarding the state intervention,” a Sheriff’s Office spokesperson said in an emailed statement on Wednesday.
While she has not taken a position for or against increased collaboration with ICE, in an interview with Fox 8 in December, Hutson noted that the jail’s resources were far too stretched to take on immigration enforcement.
The sheriff’s policy stems from a 2013 federal court settlement in a civil rights case involving two New Orleans construction workers picked up on minor charges in 2009 and 2010. Mario Cacho and Antonio Ocampo sued after they were allegedly illegally held in the city’s jail past the completion of their sentences. The two were held at the request of U.S. Immigration and Customs Enforcement. The agency issues such “detainer” requests to local law enforcement agencies, asking them to hold onto arrestees who are suspected of immigration violations. Local agencies are only supposed to honor the hold requests for 48 hours, after which they should let detainees free. But in 2009 and 2010, then-Sheriff Marlin Gusman detained Cacho and Ocampo for months, according to legal filings in their case against the office.
Ocampo and Cacho settled the case with the Sheriff’s Office in 2013, and Gusman agreed to adopt a new policy on immigration investigations. The resulting policy blocks the agency from investigating immigration violations and from detaining immigrants for ICE without a court order, except in certain cases where they are facing charges for a small number of serious violent crimes.
|
|
|
|
|
|
|
Appeals court rules Trump can fire board members of independent labor agencies
Legal Court Feed |
2025/03/31 01:57
|
An appeals court ruled Friday that President Donald Trump can fire two board members of independent agencies handling labor issues from their respective posts in the federal government.
A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit agreed to lift orders blocking the Trump administration from removing Merit Systems Protection Board member Cathy Harris and National Labor Relations Board member Gwynne Wilcox.
On March 4, U.S. District Judge Rudolph Contreras ruled that Trump illegally tried to fire Harris. Two days later, U.S. District Judge Beryl Howell ruled that Trump did not have the authority to remove Wilcox.
The Justice Department asked the appellate court to suspend those orders while they appeal the decisions.
President Joe Biden nominated Harris to the MSPB in 2021 and nominated Wilcox to a second five-year term as an NLRB member in 2023.
Circuit Judge Justin Walker, a Trump nominee, said the administration likely will succeed in showing that the statutory removal protections for NLRB and MSPB members are unconstitutional.
“The Government has also shown that it will suffer irreparable harm each day the President is deprived of the ability to control the executive branch,” Walker wrote.
Judge Karen LeCraft Henderson, who was nominated by Republican President George H.W. Bush, wrote an opinion concurring with Walker. Henderson said she agrees with Walker on many of the “general principles” about the contours of presidential power under the Constitution.
Judge Patricia Millett, who was nominated by Democratic President Barack Obama, wrote a dissenting opinion. She said her two colleagues on the case “rewrite controlling Supreme Court precedent and ignore binding rulings of this court, all in favor of putting this court in direct conflict with at least two other circuits.”
“The stay decision also marks the first time in history that a court of appeals, or the Supreme Court, has licensed the termination of members of multimember adjudicatory boards statutorily protected by the very type of removal restriction the Supreme Court has twice unanimously upheld,” Millett wrote.
Government lawyers argued that Trump had the authority to remove both board members. In Wilcox’s case, they said Howell’s “unprecedented order works a grave harm to the separation of powers and undermines the President’s ability to exercise his authority under the Constitution.” They also argued that MSPB members like Harris are removable “at will” by the president.
Wilcox’s attorneys said Trump couldn’t fire her without notice, a hearing or identifying any “neglect of duty or malfeasance in office” on her part. They argued that the administration’s “only path to victory” is to persuade the U.S. Supreme Court to “adopt a more expansive view of presidential power.”
Harris’ attorneys claimed the administration was asking the appeals court to ignore Supreme Court precedent.
“Make no mistake: The government’s radical theory would upend the law,” they wrote. “It would jeopardize not only this board, but also the Federal Reserve Board and other critical entities, like the Securities and Exchange Commission.”
The five-member NLRB lacked a quorum after Wilcox’s removal. The three-member MSPB enforces civil rights law in the workplace.
|
|
|
|
|
|
Law Firm SEO RSS Feed
