Jonah Knobler
@jknobler.bsky.social
Law nerd. Partner @ Patterson Belknap in NYC (class actions, false advertising, food/drug, IP, appellate). Work pro bono on LGBT+ rights & voting rights. Views my own.
Reposted by Jonah Knobler
My latest paper argues that even if we give copyright protection to works generated with the assistance of AI, it is going to fundamentally upend the idea-expression dichotomy and our substantial similarity test for infringement. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4517702
How Generative Ai Turns Copyright Law on its Head
While courts are litigating many copyright issues involving generative AI, from who owns AI-generated works to the fair use of training to infringement by AI ou
papers.ssrn.com
July 26, 2023 at 4:33 PM
My latest paper argues that even if we give copyright protection to works generated with the assistance of AI, it is going to fundamentally upend the idea-expression dichotomy and our substantial similarity test for infringement. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4517702
Since I’m told it’s National Dog Photography Day, here are some recent photos of Linus being his usual silly self.
July 26, 2023 at 9:24 PM
Since I’m told it’s National Dog Photography Day, here are some recent photos of Linus being his usual silly self.
Reposted by Jonah Knobler
"as of wednesday, X’s website still read that the twitter bird logo was “our most recognizable asset. that’s why we’re so protective of it.” ☠️
anyway I’m quoted in this nbc news article, enjoy the lols
https://www.nbcnews.com/tech/tech-news/elon-musks-takes-x-handle-longtime-twitter-user-rcna96074
anyway I’m quoted in this nbc news article, enjoy the lols
https://www.nbcnews.com/tech/tech-news/elon-musks-takes-x-handle-longtime-twitter-user-rcna96074
July 26, 2023 at 7:21 PM
"as of wednesday, X’s website still read that the twitter bird logo was “our most recognizable asset. that’s why we’re so protective of it.” ☠️
anyway I’m quoted in this nbc news article, enjoy the lols
https://www.nbcnews.com/tech/tech-news/elon-musks-takes-x-handle-longtime-twitter-user-rcna96074
anyway I’m quoted in this nbc news article, enjoy the lols
https://www.nbcnews.com/tech/tech-news/elon-musks-takes-x-handle-longtime-twitter-user-rcna96074
This was a pretty cynical, anti-democratic maneuver in my home state. Poll numbers are heartening.
Republicans rushed a measure on the August 8 ballot in Ohio to preempt future ballot initiatives, & knee cap an effort to enshrine abortion rights.
We have a rare (first?) poll of the referendum via Suffolk: it’s losing 59% to 26%.
We have a rare (first?) poll of the referendum via Suffolk: it’s losing 59% to 26%.
Ohio Issue 1: Poll finds most Ohio voters oppose August ballot issue
www.cincinnati.com
July 21, 2023 at 4:45 PM
This was a pretty cynical, anti-democratic maneuver in my home state. Poll numbers are heartening.
Reposted by Jonah Knobler
⚖️Here is a heinous letter by GOP AG's arguing that Target's Pride merch violates child protection laws, and also its fiduciary duties to SHs, citing Dodge v. Ford and AP Smith v. Barlow, and I don't even know where to start.
https://tinyurl.com/5n8pz7ea
https://tinyurl.com/5n8pz7ea
July 8, 2023 at 6:16 PM
⚖️Here is a heinous letter by GOP AG's arguing that Target's Pride merch violates child protection laws, and also its fiduciary duties to SHs, citing Dodge v. Ford and AP Smith v. Barlow, and I don't even know where to start.
https://tinyurl.com/5n8pz7ea
https://tinyurl.com/5n8pz7ea
Reposted by Jonah Knobler
Bossy, officious letter from seven AGs invokes shoddy legal theories to bully Target re: sale of Pride merch. https://content.govdelivery.com/attachments/INAG/2023/07/06/file_attachments/2546257/Target%20Letter%20Final.pdf
content.govdelivery.com
July 9, 2023 at 4:15 AM
Bossy, officious letter from seven AGs invokes shoddy legal theories to bully Target re: sale of Pride merch. https://content.govdelivery.com/attachments/INAG/2023/07/06/file_attachments/2546257/Target%20Letter%20Final.pdf
Next two non-consecutive exits
July 4, 2023 at 6:51 PM
Next two non-consecutive exits
Reposted by Jonah Knobler
The Public and the Supreme Court, appreciating the limits of awareness.
I poll opinion of the Court every 2 months. It is important in reporting or messaging to know 30% think there is a Dem appointed majority. And other limits.
https://pollsandvotes.com/?p=431
I poll opinion of the Court every 2 months. It is important in reporting or messaging to know 30% think there is a Dem appointed majority. And other limits.
https://pollsandvotes.com/?p=431
July 4, 2023 at 4:43 PM
The Public and the Supreme Court, appreciating the limits of awareness.
I poll opinion of the Court every 2 months. It is important in reporting or messaging to know 30% think there is a Dem appointed majority. And other limits.
https://pollsandvotes.com/?p=431
I poll opinion of the Court every 2 months. It is important in reporting or messaging to know 30% think there is a Dem appointed majority. And other limits.
https://pollsandvotes.com/?p=431
Worth reading this take on 303 by a gay, conservative/libertarian law prof who supports the decision. I fear he may be too optimistic (e.g., that the holding won’t apply to “standard school photos, corporate headshots, passport photos, or pictures with a mall Santa”). We shall see. ⚖️
Excellent explainer by lawprof Dale Carpenter on how the Court’s decision in 303 Creative v. Elenis does or doesn’t extend to various kinds of discrimination disputes in the future.
How to Read 303 Creative v. Elenis
The speech compulsion it forbids is not limited to wedding-website designers who object to same-sex marriage, but its principles should apply only to a narrow range of commercial products
reason.com
July 4, 2023 at 1:35 PM
Worth reading this take on 303 by a gay, conservative/libertarian law prof who supports the decision. I fear he may be too optimistic (e.g., that the holding won’t apply to “standard school photos, corporate headshots, passport photos, or pictures with a mall Santa”). We shall see. ⚖️
Fair use, or infringement on a grand scale? The latest suit asserting copyright claims for using works as part of an AI training dataset. ⚖️
OpenAI Sued by Authors Alleging ChatGPT Trained on Their Writing
It's the latest legal challenge to training AI and machine learning on content.
www.cnet.com
July 4, 2023 at 5:31 AM
Fair use, or infringement on a grand scale? The latest suit asserting copyright claims for using works as part of an AI training dataset. ⚖️
Reposted by Jonah Knobler
Me on how Kavanaugh is trying to make "anti-novelty" independent state legislature happen, which would hurt democracy, law, & the promise of state courts, & blunt the significance of judicial elections (like the recent WI SCt race flipping control of the Court). https://electionlawblog.org/?p=137239
July 3, 2023 at 3:22 PM
Me on how Kavanaugh is trying to make "anti-novelty" independent state legislature happen, which would hurt democracy, law, & the promise of state courts, & blunt the significance of judicial elections (like the recent WI SCt race flipping control of the Court). https://electionlawblog.org/?p=137239
Honest question: Seems like ending qualified immunity is something the Court should agree on. Liberals, b/c it results in unjust craziness like this. Conservatives, b/c it’s a made-up thing w/ no basis in text or history. Why, then, can’t they get 4 Justices to pay attention? ⚖️
July 3, 2023 at 2:51 PM
Honest question: Seems like ending qualified immunity is something the Court should agree on. Liberals, b/c it results in unjust craziness like this. Conservatives, b/c it’s a made-up thing w/ no basis in text or history. Why, then, can’t they get 4 Justices to pay attention? ⚖️
Reposted by Jonah Knobler
Reposted by Jonah Knobler
Interesting fact: Justice Kavanaugh may have been in the majority the most, but Justice Thomas was the least. https://reason.com/volokh/2023/07/01/looking-back-on-the-supreme-courts-2022-23-term/
Looking Back on the Supreme Court's 2022-23 Term
Some end-of-term comments and an assessment of my end-of-term predictions.
reason.com
July 2, 2023 at 1:45 PM
Interesting fact: Justice Kavanaugh may have been in the majority the most, but Justice Thomas was the least. https://reason.com/volokh/2023/07/01/looking-back-on-the-supreme-courts-2022-23-term/
Reposted by Jonah Knobler
The Washington Post confirms TNR’s report that 303 Creative apparently fabricated a man’s request for a gay wedding website in its court filings. https://www.washingtonpost.com/politics/2023/07/01/supreme-court-colorado-website/
Man cited in Supreme Court LGBTQ rights case says he was never involved
Colorado artist Lorie Smith said she had received a request to create designs for a same-sex wedding. The man named in the request said he never asked for that.
www.washingtonpost.com
July 2, 2023 at 1:31 PM
The Washington Post confirms TNR’s report that 303 Creative apparently fabricated a man’s request for a gay wedding website in its court filings. https://www.washingtonpost.com/politics/2023/07/01/supreme-court-colorado-website/
Reposted by Jonah Knobler
important: #SCOTUS vacated a state court decision involving wedding cakes in light of their 303 Creative decision. It's important because who knows what kinds of goods/services the 6 Republican Justices will say are "expressive enough" that providers can deny them to protected groups - maybe cakes?
July 1, 2023 at 7:57 PM
important: #SCOTUS vacated a state court decision involving wedding cakes in light of their 303 Creative decision. It's important because who knows what kinds of goods/services the 6 Republican Justices will say are "expressive enough" that providers can deny them to protected groups - maybe cakes?
Reposted by Jonah Knobler
Super important point - the decision is bad on substance but also bad on form. Zero guidance to lower courts about what test to apply. Truly just vibes.
important: #SCOTUS vacated a state court decision involving wedding cakes in light of their 303 Creative decision. It's important because who knows what kinds of goods/services the 6 Republican Justices will say are "expressive enough" that providers can deny them to protected groups - maybe cakes?
July 1, 2023 at 8:56 PM
Super important point - the decision is bad on substance but also bad on form. Zero guidance to lower courts about what test to apply. Truly just vibes.
Well, with that other site collapsing, what better time to dip my toe in the waters here? My posts will usually be about complex litigation, copyright/trademark, SCOTUS, and other law-nerdy stuff. But for my inaugural post… here’s Linus Pawling!
July 1, 2023 at 9:47 PM
Well, with that other site collapsing, what better time to dip my toe in the waters here? My posts will usually be about complex litigation, copyright/trademark, SCOTUS, and other law-nerdy stuff. But for my inaugural post… here’s Linus Pawling!