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Mass Law Blog

Intellectual property and business litigation, Massachusetts and nationally
Written by humans

Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer

The NAR Antitrust Case: The Per Se Rule Misapplied?

The NAR Antitrust Case: The Per Se Rule Misapplied?

In October 2023 a Missouri jury awarded class-action plaintiffs $1.8 billion in a federal antitrust suit against the National Association of Realtors (NAR) and several brokerage firms. As I discuss below, the central issue in this case - and what I expect will be the central issue on appeal - is whether the case should have been tried under the “per se” rule or the “rule of reason.” Spoiler: while the NAR may ultimately be found liable for violating the antitrust laws the trial judge erred in...

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Is It Legal To Use Copyrighted Works to Train Artificial Intelligence Systems?

Is It Legal To Use Copyrighted Works to Train Artificial Intelligence Systems?

If you follow developments in artificial intelligence, two recent items may have caught your attention. The first is a Copyright Office submission by the VC firm Andreessen Horowitz warning that billions of dollars in AI investments could be worth less if companies developing this technology are forced to pay for their use of copyrighted data. "The bottom line is this . . . imposing the cost of actual or potential copyright liability on the creators of AI models will either kill or...

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OpenAI Board Should Have Consulted ChatGPT Before Firing Sam Altman

OpenAI Board Should Have Consulted ChatGPT Before Firing Sam Altman

OpenAI fired Sam Altman, its CEO-founder, the afternoon of November 17, 2023. In the corporate chaos that followed the company went through two acting CEOs within three days. By the end of the day on Monday, November 20, Altman and other key executives at OpenAI were hired by Microsoft. Immediately following this 700 employees - practically the whole company - signed a letter threatening to quit unless the Board resigns and Altman is reinstated. It's hard to imagine how this termination could...

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Nonprofit Copying and Publication of Laws “Incorporated By Reference” is Fair Use

Nonprofit Copying and Publication of Laws “Incorporated By Reference” is Fair Use

By Lee Gesmer and Andrew Updegrove  Every citizen is presumed to know the law …  and it needs no argument to show... that all should have free access to its contents. U.S. Supreme Court in Georgia v. Public.Resource.Org (2020) Many private organizations promulgate best-practice standards. Two examples you might be familiar with are the National Fire Protection Association (NFPA) and the American Society  for Testing and Materials (ASTM).  In the U.S., unlike most foreign countries, standards...

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This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer