3 Count: High-Cost Battle

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1: Judge Refuses to Temporarily Block the Trump Administration From Removing Copyright Office Director

First off today, Michael Kunzelman at the Associated Press reports that a federal judge has denied a temporary restraining order request filed by Shira Perlmutter, the former head of the United States Copyright Office (USCO).

Perlmutter became the head of the USCO in 2020 but was dismissed from her position last week by the Trump administration. However, Perlmutter believes that, since the USCO is under the purview of Congress, the President lacks the authority to dismiss her. She filed a lawsuit to contest the firing and sought a temporary restraining order.

However, according to the judge, Perlmutter did not prove that she would suffer irreparable harm without one. The judge did not offer any commentary on the merit of Perlmutter’s dismissal. The case is ongoing.

2: DOJ Backs Cox Over Sony in Competing SCOTUS Petitions on ISP Liability

Next up today, Eileen McDermott at IP Watchdog reports that the United States Department of Justice (DOJ) has filed a brief with the Supreme Court siding with Cox Communications in its long-running battle against music publishers.

The publishers sued Cox, alleging that it failed to take adequate steps to reduce piracy on its network. A 2020 jury verdict found Cox liable and awarded $1 billion in damages. The Fourth Circuit Court of Appeals upheld the decision but overturned the damages award, remanding the case to the lower court for a new trial on the issue of damages.

Both sides then appealed to the Supreme Court. Now, the DOJ has filed a brief in the case siding with Cox. The brief argues that holding ISPs liable for copyright infringement could result in legitimate users facing termination. They further argue that the verdict contradicts other recent decisions, which have found services like Twitter not liable for other types of unlawful communication.

3: Getty Images Spending Millions to Battle a ‘World of Rhetoric’ in AI Suit, CEO Says

Finally, today, Ryan Browne at CNBC reports that Getty Images CEO Craig Peters told them that their lawsuit against Stability AI has cost them millions of dollars and that they cannot tackle every AI fight.

Getty is battling Stability AI in both the United Kingdom and the United States. They allege that Stability used Getty Images to train various AI systems, which amounts to a copyright infringement. Stability denies that the use is infringing.

However, according to Peters, the battle has already cost Getty millions of dollars, and they lack the resources to fight every AI company. Peters said that AI companies amount to unfair competition and are a threat to human-created works. However, he described the lawsuit as attempting to tackle a “world of rhetoric.”

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