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Michael Kasdan Profile picture
Michael Kasdan
@michaelkasdan
IP/Tech Lawyer, Prof @NYULaw, Dir Special Projects and Sr Sports Ed. @GoodMenProject, writer, #socialjustiice #mentalhealth, @law_while_human 💫
Aug 22, 2023 • 34 tweets • 10 min read
THREAD 🧵

KNICKS VS RAPTORS, Trade Secrets Lawsuit Edition 🏀

I’ll break down the NY Knicks Complaint, alleging trade secret misappropriation, unfair competition, breach of contract, etc.,
Link to Complaint:



/1 assets.bwbx.io/documents/user…

Image I leave the on court breakdowns to the experts over at @TalkinKnicks and @TheKnicksWall and @TheStrickland but as an IP lawyer (and basketball fan) this version of Knicks vs Raptors - a trade secret Complaint filed in SDNY today - is in my wheelhouse.

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Jul 1, 2023 • 20 tweets • 6 min read
Yup. That’s right. Another copyright class action lawsuit has been filed, this one against ChatGPT maker OpenAI.

Shall we thread 🧵?

Tremblay vs OpenAI.

Link to Complaint:



/1 https://t.co/TCTnPwMqYZassets.law360news.com/1694000/169468…
This is the latest in a flurry of lawsuits that have been filed against generative AI app makers.

As I’ve said before - and Yoda has too - “Begun the AI wars have. Yes. Mmmm.”

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May 18, 2023 • 47 tweets • 17 min read
The SCOTUS today handed down its long-awaited decision in the Warhol Foundation vs Goldsmith copyright infringement case involving Warhol’s Prince series based on Goldsmiths photo re the boundaries of fair use and when a work is an infringement vs a transformative use. Image TLDR:

The Supreme Court ruled for Goldsmith and against Warhol, holding that this was NOT fair use and not transformative.

Warhol’s argument that the silk- screen image of the photograph was transformative because it “has a different meaning or message” was rejected.

/2 Image
Apr 18, 2023 • 12 tweets • 4 min read
“(Web3) DropStar” by Da Mikey 🎶

(a parody: set to the music of RockStar 🎶 by DaBaby; alt lyrics by me 🤷‍♂️)

Woo, woo
I grow up like
How you grow up, Mikey? How you grow up? (Oh)
How you grow up? I grow up (make bets to get rich in)
Let's go!

/1 Image 🎶
Brand new crypto meany lucky so far…
Alt coin bankroll on the dip, ride to the top (yeah yeah yeah)
Have you ever met a real web3 drop-star?

/2 Image
Feb 12, 2023 • 43 tweets • 19 min read
Live Tweeting #SuperBowlLVII 🧵
Because that’s what I like to do today. Gonna keep all my ramblings in this THREAD. Evergreen #SuperBowl haiku. 🤷‍♂️
Feb 11, 2023 • 14 tweets • 4 min read
THREAD 🧵

Breaking down the "real-world legal contract specifying the terms of the streaming royalties and guaranteeing real-world ownership for the NFT holder" for #Rihanna's #NFT offering, which dropped last week ahead of her #SuperBowl Halftime performance tomorrow.

/1 The 300 royalty-linked NFTs were available for purchase last week at $210 a piece and quickly sold out. Each NFT provides holders with royalties from streaming revenues of her 2015 hit song, "B**** Better Have My Money," and some other goodies.

coindesk.com/web3/2023/02/1…

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Feb 4, 2023 • 27 tweets • 9 min read
THEEAD 🧵 Another new lawsuit was filed today against Stability AI, the makers of Stable Diffusion generative AI software. The Plaintiff in this case is Getty Images.
/1 This isn’t the first lawsuit against Stability AI and other generative AI app makers.

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Feb 3, 2023 • 20 tweets • 5 min read
🧵 THREAD:

Breaking down Judge Rakoff’s Opinion denying cross-motions for SJ in Hermes v Metabirkins #trademark #NFT case.

/1 For some background on the case, see here:
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Feb 1, 2023 • 5 tweets • 1 min read
*Most” of Yuga’s post about l copyright and BAYC makes sense to me.

I agree that they owned the copyrights. That they just didn’t register them. And that since a human designed the traits, using AI as a tool doesn’t pose a problem in getting a copyright. news.yuga.com/reflection-on-… Except I don’t buy Yuga’s statements that they (still) hold the copyright and their NFT holders have a broad license. Or at least think it’s highly debatable.

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Jan 29, 2023 • 6 tweets • 2 min read
“Crypto, Goodbye 🎶,” parody lyrics 🧵

“Crypto, goodbye
You hurt me, for the last time
It's time for me to move on
So Crypto, goodbye
I gave u cash and I lost it
Yeah, all the Bitcoin that I wasted”

Original music/lyrics:


Thanks 🙏 to The Kid Laroi Crypto goodbye
You hurt me, for the last time
It's the last time I let u hurt me
Crypto goodbye, I did not deserve it
None of this bullshit was ever really worth it
You blame me like I know I aint perfect
I tried with you, and I lied for you
Many times, put my rep on the line 4 u
Jan 14, 2023 • 41 tweets • 12 min read
A class action copyright infringement lawsuit was filed against Stability AI (Stable Diffusion), Midjourney, and DeviantArt, Inc. (DreamUp) on behalf of artists who allege their works were used to train #AI generative art algorithms.

THREAD 🧵 to come 👇 once I read! It was only a matter of time before the issue of copyright infringement by AI apps was tested by the Courts.

In our Nov 2022 @Law360 article, “A Look at Future AI Questions” we asked whether & when AI generated work is an infringing derivative work:

g2bswiggins.wpenginepowered.com/wp-content/upl…
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Jan 3, 2023 • 17 tweets • 7 min read
“The Year That Crypto Died"

Music by Don McLean, 1971 | Lyrics by Michael Kasdan & Ron Yu, 2023.
“Performed” shamelessly by @michaelkasdan

🎶 🎶

Short short time ago, I can still remember
How those tokens used to make me smile
And I knew in this circumstance
That wealth seekers would take a chance
And maybe they'd be happy for a while
Dec 31, 2022 • 12 tweets • 4 min read
Here goes with a year-end thread 🧵 looking forward and making some predictions. Why not!? 🤷‍♂️

My Top 10 (Mostly) IP Predictions for 2023

🧵 (1) #AI will continue to be a massive story. Some will see it as an existential threat to their jobs. Artists will file copyright suits vs generative art apps. Others will embrace it as a transformative tool & craft policy to protect it. This will be a polarizing political issue.
Dec 27, 2022 • 13 tweets • 5 min read
The Yuga Labs (BAYC) lawsuit vs Ryder Ripps has been an interesting follow for those in the NFT, IP and Web3 spaces. I’ve been following for a while.

I’m going to do a thread 🧵 here breaking down Defendants’ Answer and Counterclaims, which were filed earlier today.

/1 The original case was filed earlier this year: artnews.com/art-news/news/…

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Dec 13, 2022 • 15 tweets • 22 min read
2022 was a rebirth, a return to life. 🧵

There was not a single day in 2021 - not one - where I could have in my wildest dreams imagined it.

I think about that a lot. And I always will. ❤️ 🙌 2022 was a year of amazing ppl & connections & new friendships. @motherhoodmag
@RemakingManhood @SameHere_Global @SpeakUpAtWork @lisahickey @JRad_Maker @YxungEth @GitKnocked @MarieRokJones @GilerRoman @imarioliver @TheMovementByU1 @How2WithJulieSu @schmupergirl @DavidLaufmanLaw
Dec 12, 2022 • 4 tweets • 2 min read
Rumblings today indicate that the SCOTUS may be considering granting cert. on the Rap Genius vs. Google case on whether copyright law preempts terms of service:

Here is an article: news.bloomberglaw.com/ip-law/google-…
Or, if you prefer, here is a parody song I wrote called "Preemption Song" Preemption Song is sung to the tune of Bob Marley's Redemption Song):
#SCOTUS #termsofservice #copyright #preemption #Google #RapGenius
Oct 28, 2022 • 7 tweets • 6 min read
Was great to see Don Katz, Founder of @audible_com in conversation with celebrity chef, entrepreneur and food storyteller, Marcus Samuelsson at the #MontclairFilmFestival @MontclairFilm @MarcusCooks with @motherhoodmag

THREAD /1 . @MarcusCooks of Red Rooster. & Newark’s Marcus BP spoke of how success requires both humility and arrogance. He framed entrepreneurship as curiosity & curiosity about people. @MontclairFilm
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Sep 26, 2022 • 8 tweets • 4 min read
THREAD 🧵 on developing NFT commercialization/licensing standards/templates:

@boredjob released a free-to-use NFT contract template called the PLAN to help NFT owners (e.g., owners of @BoredApeYC & @GutterCatGang Gang) to more quickly & efficiently do IP licensing deals.

/1 medium.com/@boredjobs/mee…
Sep 11, 2022 • 15 tweets • 6 min read
THREAD 🧵

Why are owners of @GutterCatGang cats buying digital “vials” of “juice” that create new cats from existing cats and cat sacrifices?

And why should #web3 watchers care?

TL;DR: This is actually sophisticated market and product engineering at work. 👀

/1 Earlier today, @GutterCatGang dropped a new NFT.

It was not a new cat avatar collection. But a product that could be purchased and then used by cat 🐱 holders to create “clones” of their cat with new features.

Old Cat + Sacrificial Cat + Juice = Old Cat + Clone Cat

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Sep 7, 2022 • 13 tweets • 10 min read
Mitch Lowe, one of the founders of Netflix, is the keynote speaker today @PulseCon_ . Speaking now.#pulsecon2022 ImageImageImage “You may start out in one direction (mail order DVDs) and then need to pivot and change direction (streaming). The best employees are the ones who are comfortable with that ambiguity.” - Mitch Lowe

#Netflix
#pulsecon2022 Image
Aug 28, 2022 • 7 tweets • 4 min read
THREAD:

Short Answer: Yes. There IS a future in #NFTs.

More & more digital stuff + More & more time spent in digital spaces + A technology that allows monetization of digital stuff = !

It's early. Shake-outs will come, but saying its a pandemic fueled bust is click-bait. /1 Longer Answer:

My take - in thread form - on pretty much the same article written months ago:

No doubt, we are in a period of great risk (and potentially great innovation and promise) for the nascent NFT space.



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