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Member Articles


An Exact Copy or Only Copying: The Ninth Circuit Limits Section 1202(b) of the DMCA to Copies of Existing Works

On September 16, 2026, the Ninth Circuit held that a generative AI model does not “remove or alter” copyright management information (“CMI”) under Section 1202(b) of the Digital Millennium Copyright Act (“DMCAâ ...

Connecting Is Not Displaying: The Fifth Circuit Rejects the Server Test for a New “Transmit Requirement”

On August 27, 2026, the Fifth Circuit became the first court of appeals to reject the Ninth Circuit’s “server test” for copyright’s public display right, scrapping that test in favor of a new “transmit requirem ...

Bad Spaniels Bites Back: The Ninth Circuit Narrows Trademark Tarnishment and Restores Parody to the Dilution Analysis

Authors: Thomas Harvey and Katherine Gianelli On August 4, 2026, the U.S. Court of Appeals for the Ninth Circuit issued the latest decision in the long-running trademark dispute between Jack Daniel’s Properties, Inc. ...

CalPrivacy Targets Gig Economy Platforms In First CCPA Sectoral Audit

Authors: Scott Hall and Meaghan Henderson On July 21, 2026, the California Privacy Protection Agency (CalPrivacy) announced that its newly formed Audits Division has begun its first formal privacy audit, focused on gig ...

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