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Craig Smith, IP Litigator

Partner at Lando & Anastasi
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Craig is a successful trial attorney who helps clients protect and defend their inventions in complex intellectual property litigation. Technology companies of all sizes, from Fortune 50 companies to start-ups, have relied on him to take care of their most sensitive intellectual property matters. He has represented entities such as Webasto, Foursquare Labs, MIT, Bose and Avid Technology in intellectual property litigation throughout the country and the world.

  • AI Copyright Debate: Fair Use vs. Infringement
    Craig explains that students using pirated textbooks infringe on copyrights, depriving authors of compensation. AI companies claim their use is transformative, training models to create new information, not reproducing works. However, if AI outputs are "substantially similar to copyrighted works," infringement could occur.
  • Studio Ghibli's Legal Battle: AI and Copyright Infringement
    Craig notes that Studio Ghibli may claim copyright infringement if OpenAI used their images without permission. OpenAI faces lawsuits, arguing fair use in AI training. Artists counter that AI mimics their work non-transformatively. Courts are navigating these disputes. Craig says, "Artists dispute this fair use defense by arguing that OpenAI mimics their artwork in a non-transformative manner."
  • DOJ's Antitrust Stance on Google: Implications for Big Tech
    Craig notes the DOJ's unexpected continuation of antitrust actions against Google, despite early signs of a softer approach. This move may signal caution for Apple, Amazon, and Meta. The DOJ's aggressive stance could deter anticompetitive practices, though the balance between support and regulation remains uncertain.
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