Suit Involving Artificial Intelligence-Powered Hiring Tools Heads to Discovery

A closely watched discrimination lawsuit over software provider Workday’s artificial intelligence-powered hiring tools is headed into discovery after a California federal court ruled the company may be subject to federal antidiscrimination laws if its products make decisions on candidates. […]

Alex W. Karasik, a management-side attorney who is a partner at Duane Morris LLP and a member of the firm’s workplace class action group, said companies using or selling workplace-related AI tools need to track the Workday proceedings closely.

“This is definitely a case to watch, as it’s a landmark case involving the use of artificial intelligence and the hiring process,” he said. “Both employers and technology vendors, particularly those involved with artificial intelligence or algorithmic decision-making tools, absolutely need to pay attention to this case.”

He said [the] decision sets out critical guidelines for courts’ evaluations of who may be on the hook when a vendor of AI-based hiring tools faces allegations that its product churns out biased results. […]

Read the full article on the Law360 website (subscription may be required).

District Court Reaffirms Dismissal of Wiretapping Claims Under California Invasion of Privacy Act

On the heels of holding that defendants’ use of session replay software did not constitute a violation of the California Invasion of Privacy Act, Judge William Alsup in Williams v. What If Holdings LLC and ActiveProspect Inc. has now denied the plaintiff’s request for leave to amend. In doing so, the court reaffirmed its previous holding that the plaintiff’s allegations only established that ActiveProspect’s use of session replay software functioned as a tool that supported What If’s management of its own website data, and not as a means of eavesdropping and aggregating information for ActiveProspect’s own purposes.

Read the full Alert on the Duane Morris LLP website.

Microsoft Settles Thousands Of Software Privacy Cases Worldwide

Microsoft is serious when it comes to software pirates. Indeed, it has just reported that it has reached settlements in more than 3,000 copyright infringement matters that it initiated globally in the past year alone.

The vast majority of the cases were international, spanning 42 countries. In fact, only 35 of the 3,265 cases were in the United States.

Microsoft states that most of its enforcement cases have been the result of tips and feedback from consumers. To drive that point home, Microsoft notes that since 2005 it has been tipped off by over 450,000 customers who disclosed counterfeited software.

Continue reading “Microsoft Settles Thousands Of Software Privacy Cases Worldwide”

Monetizing Open Source Platforms — Something New?

Sharing software code via free open source has been around since the 1980s and has enjoyed much success. Open source has been applied to content, websites, technological parts, and other materials. Can and should an open source platform be monetized?

Partner Mark Fischer takes a look at GitHub (a collaborative website allowing individuals to share code) and its place in monetizing open source code in this blog entry from the New Media and Entertainment Law Blog.

© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

Proudly powered by WordPress