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21 Jun 2016, 4:00 am by Paula Bremner
” Despite “sympathy” for the contrary view, “it would take something more than …[the] apparent reservations expressed in …[Viagra SCC]…to displace the requirement for disclosure described by Justice Binnie in Apotex Inc v Wellcome Foundation Ltd,”.[9] At the same time, unlike the anti-disclosure actions, the court in Lilly v Hospira does not indicate whether the disclosure requirement would in fact have made a difference (ie… [read post]
28 Dec 2023, 6:49 pm by Chuck Cosson
As has been well documented, training the Large Language Models (“LLMs”) used in Generative AI tools requires lots of data, much of it acquired by scraping data from the Internet.[1]  And, the thinking goes, having more data of higher quality means the better the outputs from such tools.[2]  Some such input data is open for such use, but much else is protected by copyright,[3] or is personal information regulated by privacy laws.[4]  This article summarizes some… [read post]
25 Jun 2023, 10:54 am by Eugene Volokh
Such a refusal to allow military recruiters, the Court held, "is not inherently expressive. [read post]
9 Jul 2021, 5:01 am by Eugene Volokh
Janus didn't discuss Turner or PruneYard, and mentioned Rumsfeld only for the narrow proposition that "government may not 'impose penalties or withhold benefits based on membership in a disfavored group' where doing so 'ma[kes] group membership less attractive.'"[134] And the compelled contribution cases, of which Janus is the most recent, have drawn a line between compelling people to fund the views expressed by a particular private speaker (such as the… [read post]