Dori Hanswirth Weighs in on Circuit Split in AI Copyright Disputes

Dori Hanswirth, Intellectual Property partner and the co-lead of the firm’s Technology, Media & Telecommunications industry group, was recently quoted in the Managing IP article, “Why OpenAI opinion provides ‘roadmap’ for practitioners: counsel.” The story analyzed a recent court opinion on the lawsuit filed by New York Times, Daily News, and Center for Investigative Reporting against OpenAI and Microsoft, which allowed several copyright claims to move forward.

Hanswirth highlighted an emerging circuit split on contributory copyright infringement standards, noting the Court of Appeals for the Ninth Circuit, which covers western U.S. states, requires actual knowledge, in contrast with the Second Circuit’s broader “reason to know” standard. She suggested this difference may ultimately be resolved by the Supreme Court.

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