A class action was filed in 2019 by a class of children against both Google and YouTube, as well as numerous kids and family media channels, including
Ryan's World,
CookieSwirlC,
Cartoon Network,
Hasbro,
Mattel, Inc.,
DreamWorks Animation, and more.
❓Why❓
The use of "targeted advertising, powered by persistent identifiers, that allowed Google and YouTube to collect data and track the online behavior of children without proper parental consent."
Last month (December 2022), the district court's granting of Google/YouTube's dismissal was overturned by the Ninth Circuit because state-level privacy laws aren't preempted by COPPA.
But, there's so much more that needs to be unpacked about how this impacts creators and brands, which I do for you over on @passnfrt -- passionfru.it/class-action-c…
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The named artists bringing the class action included references to haveibeentrained.com as proof that their works were used for the Stable Diffusion and Midjourney tools.
The complaint dives into how each company developed its specific tool & then offered them to the public.
The complaint dives deep into the details of how Stable Diffusion works. It also highlights how Stability paid LAION ("Large-Scale Artificial Intelligence Open Network") to put together LAION-5B, a dataset of 5.85 billion images.
I have some thoughts on a bit of what was shared by Alfred David Steiner in this @NYSBA article exploring #copyright and #NFTs#NFTCollections, specifically those like #BAYC.
The article gives 4️⃣ “reasons why a ‘CryptoPunk’ may not merit copyright protection”, each of which I will respond to in order…
Let’s go! 😀
1️⃣ “It lacks a minimum of creative authorship”
🚫 no, there is a human authorship element that is merely assisted by computer software. Also, the underlying assets are also protectable as works eligible for copyright protection.
👉 When an audience becomes a customer, it can dramatically change the relationship. Creators, and their mod teams, need to ensure they understand how to manage customer relations.
This subscription offering may be different to manage than that of other platform subscriptions or purchases, such as on YT or Twitch, and more akin to Patreon.
The @FTC is suing @Google and @iHeartMedia after on-air personalities promoted the #Pixel4 phone as if they were owners or users of the phones themselves.
The FTC is pursuing the claims based on activity from October 2019 and 2020 alleging false endorsement claims that constitute unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act.
They are joined by state attorneys general from Arizona, California, Georgia, Illinois, Massachusetts, New York, and Texas.