Circuit Splits & Global Jurisdictions

The Server Test holds that a website owner does not display a copy of an image by embedding or linking to it from another website, unless the image is actually stored on the defendant's own web server.

Rejects the Server Test, holding that embedding an image into a webpage directly infringes the public display right if the webpage causes the image to be shown to the user, regardless of which server hosts the file.

Mass computational intermediate copying of full works is transformative fair use if the public output consists of metadata, search indexing, or non-substituting snippets.

If the ultimate commercial deployment of the technology serves to generate outputs that compete in the same expressive marketplace, intermediate copying defenses cannot insulate the pipeline.

Information collection, analysis, and display are inherently abstract ideas; software claims that do not invent new computer hardware fail § 101.

Software claims that improve specific computer operations (such as a self-referential table structure or automated rule sets) are patent-eligible at Step 2A without needing hardware changes.

Subscribing to a centralized pricing algorithm knowing competitors do the same constitutes an unlawful horizontal agreement (Hub-and-Spoke Conspiracy) even without direct human competitor communications.

Conscious parallelism and independent adoption of market pricing tools are lawful without specific plus factors proving a subjective meeting of the minds or bilateral commitment.

Adapting in vitro prokaryotic gene editing tools to eukaryotic cells required specific cellular modifications and was not obvious to a person of ordinary skill in the art, entitling the first eukaryotic adopter to separate patent rights.

Once the foundational mechanism of Cas9 RNA-guided cleavage was published for cell-free systems, testing it in human/mouse eukaryotic cells was the next routine, obvious experimental progression.

Software vendors whose AI algorithms screen, score, and rank job applicants are statutory 'employment agencies' or delegated agents of employers, exposing vendors to direct Title VII, ADEA, and ADA disparate impact liability.

Only entities that directly recruit, interview, or maintain direct contractual employment agency relationships with job seekers qualify under § 2000e(c); pure software tool providers are merely technical vendors, not statutory agencies.

Creditors using black-box machine learning underwriting models cannot evade the statutory duty to provide specific, actionable principal reasons for credit denial by asserting algorithmic complexity or trade secrets; post-hoc SHAP/LIME approximations that do not reflect true causal feature weights are legally insufficient.

Broad, standardized credit bureau reason codes ('debt-to-income ratio too high', 'insufficient trade lines') satisfy Regulation B even when generated by multi-layer neural network credit scoring tools, shielding underlying proprietary weights from full disclosure.

Generative AI upscaling, neural super-resolution, and synthetic audio isolation generate new interpolated pixels/frequencies rather than restoring original sensor data; such outputs fail FRE 901(b)(9) and Daubert reliability without complete deterministic mathematical reconstruction logs.

AI-enhanced security footage and filtered 911 audio recordings are admissible if a qualified forensic expert testifies that the output substantially clarifies the underlying recording, leaving criticisms of potential algorithmic hallucination to weight and cross-examination rather than threshold exclusion.