Tech Insights.
Read our legal insights on IP and industry issues written by our team.
The Ninth Circuit’s copyright framework is facing renewed scrutiny. In Sedlik v. Von Drachenberg, two concurring judges questioned whether the intrinsic test remains consistent with copyright law. A petition for rehearing en banc has now been filed, and the court has ordered a response. In this insight, Chieh Tung summarizes the concurring opinions and the en banc petition and provides an overview of the most recent developments.
The next phase of AI litigation may turn less on copying and more on access controls and copyright management information under DMCA §§ 1201 and 1202. In this insight, Chieh Tung examines the emerging decisions scrutinizing technical architecture and data ingestion practices and what they may mean for AI companies, platforms, and content owners.
Drawing on our recent wins at trial and on appeal before the Ninth Circuit, Tyz Law Group's resident Rhetorician Ciara McHale and Storyteller Jonathan Downing have joined forces to walk through the ins and outs of the extrinsic test's filtration framework. Understanding filtration at all steps of litigation can be a copyright plaintiff's key to victory in an infringement claim, and we provide our battle-tested knowhow on the subject in our latest article.