Can Trade Secret Law Protect Indigenous Knowledge?; Law360, October 9, 2026

 Ivan Moreno , Law360; Can Trade Secret Law Protect Indigenous Knowledge?

[Kip Currier: It's intriguing to see trade secret law (re)considered as a potential means for enabling indigenous communities to secure protection of their communal knowledge.

My Bloomsbury book Ethics, Information, and Technology (2025) has extensive separate chapters on Indigenous Knowledge and Intellectual Property, as well as AI.]

"As the U.S. and other countries struggle to agree on new international protections for Indigenous knowledge, trade secret law is drawing renewed attention as a possible solution for material that communities actually keep confidential."

If You Prompt a Movie or Song Into Existence With AI, You Shouldn’t Be Able to Profit From It; The Hollywood Reporter, August 31, 2026

 David Barber, The Hollywood Reporter; If You Prompt a Movie or Song Into Existence With AI, You Shouldn’t Be Able to Profit From It

"Preserving the value of human creativity is not as difficult as it would seem. I propose that the following two provisions be the framework of legislation for the protection of artists:

1. Legislation prohibiting prompt-driven outputs or assets of Generative AI models, and whole works that contain prompt-driven outputs or assets of Generative AI models as any part of said whole, from being copyrighted.

2. Legislation stating that all prompt-driven Generative AI outputs, assets, and their derivatives be clearly labeled as such: Visibly – pictures, images, and videos; Audibly – songs, scores, sound effects/design;  Metadata – trackable for ALL generative AI outputs.

The goal of a law, or laws, built upon these foundational principles, is to disallow the:

• prompting of a song into existence and profiting from it
• prompting of a film or video into existence and profiting from it
• killing of creative departments and using prompt-driven outputs to replace their artistry
• existence of unidentifiable deepfakes

Under such regulations, individual prompted outputs would be ineligible for copyright protection, as would whole works that contain them. Examples include films that use a prompt-generated score, sound effects, visual effects, or VoiceOver, and songs that use prompt-generated horn sections, backup vocals, or other core elements that contribute to the song’s final presentation. Beyond the ethical and moral reasons for these provisions, there is also a legal basis for them.

The language must also prevent corporations from hiding any prompt-driven Generative AI usage under Trade Secret Law."

Dr. Philipp Mels, orka: "The biggest battle in the 21st century will be AI versus Copyright"; Leaders League, June 15, 2026

 Leaders League; Dr. Philipp Mels, orka: "The biggest battle in the 21st century will be AI versus Copyright"

"Dr. Philipp Mels, Managing Partner at orka, comments on the use of AI in the context of intellectual property rights, trade secrets, and data protection.

LEADERS LEAGUE: In addition to the AI Act, which areas of law require particular attention when developing, operating, and using AI?

Philipp Mels: In addition to the AI Act, the most important areas of law regarding the use of AI are clearly intellectual property rights, trade secret protection, and data protection...

Why is the use of trade secrets in AI systems so legally risky?

In practice, the most relevant risk for companies is not so much the violation of third-party trade secrets, but rather the fact that employees may enter trade secrets into the AI system. This can be seen as evidence that the company, as the owner of the trade secret, has failed to take the necessary and appropriate measures to ensure confidentiality. As a result, the company loses the protection afforded to those trade secrets.

How significant is the conflict between AI providers and operators on the one hand, and creators or copyright holders on the other?

You may be surprised by my choice of words. The biggest battle that providers and operators of AI systems must fight in the 21st century is against copyright holders, who understandably want to take action against the infringement of their copyrights."

AI Makes Securing Copyright Protection for Software Code Tricky; Bloomberg Law, April 15, 2026

 Michael Justus, Carlton Fields, Bloomberg Law; AI Makes Securing Copyright Protection for Software Code Tricky

[Kip Currier: I recommend this brief articleLinks to an external site. in Bloomberg Law; the authors do a great job identifying AI, IP, and human and AI-related coding issues right now, such as "vibe coding". They also provide practical strategies for endeavoring to secure copyright protections for code.]

"Copyright protection for software code is being sacrificed, knowingly or not, for the speed and efficiency of AI coding.

This rapid shift in the role of humans from writing code to managing artificial intelligence tools upends traditional copyright protection strategies. Original human-written code is generally copyrightable. But AI-generated code that lacks human authorship is ineligible for copyright protection under US law.

“Vibe coding”—where humans describe a desired software program in natural language and GenAI tools write the code—is pervasive. This isn’t limited to the tech industry. Employees across industries are vibe coding software solutions, which can be valuable to employers.

Developers estimate 42% of code is AI-generated or assisted and the number was expected to increase significantly, according to an October 2025 survey.

The lack of copyright protections is a big deal...

The key is bespoke curation into a creative whole from many options."

9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle; The Fashion Law, February 24, 2026

 TFL, The Fashion Law; 9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle

"In the latest chapter of a closely-watched fitness industry feud, a federal appeals court handed Megan Roup a decisive victory in her copyright battle with rival trainer Tracy Anderson, affirming that Anderson’s dance-cardio routines are not protectable under federal copyright law. In a newly-issued memorandum, the U.S. Court of Appeals for the Ninth Circuit upheld the lower court’s grant of summary judgment in Roup’s favor, concluding that the so-called “TA Method” amounts to a functional fitness system rather than protectable choreography...

The Ninth Circuit’s ruling sends a clear message to fitness entrepreneurs: branding a workout as proprietary, scientific, or even choreographed will not convert a functional exercise system into a protectable work of authorship. For an industry built on personality-driven empires and carefully curated “methods,” the decision makes clear how limited a role copyright can play in safeguarding competitive advantage. With that in mind, parties like Anderson and Roup will have to rely on trademarks, trade secrets, and as this case illustrates, carefully drafted employment agreements, to protect their intellectual capital.

For now, Roup has secured a meaningful appellate win. And for Anderson, whose cult-followed method helped define boutique fitness in the 2000s, the fight continues – albeit on the contract (not copyright) front.

The case is Tracy Anderson Mind and Body, LLC, et al. v. Megan Roup, et al., 2:22-cv-04735 (C.D. Cal.) "

Ex-Google engineer found guilty of stealing AI secrets for China; Axios, February 2, 2026

 Rebecca Falconer, Axios; Ex-Google engineer found guilty of stealing AI secrets for China

"A former Google engineer was found guilty of economic espionage and theft of confidential AI technology for the benefit of China's government, the FBI said Monday.

Why it matters: Intelligence and defense officials have long warned of increased efforts by Beijing and others to obtain U.S. intellectual property and use AI against American interests.

State of play: A federal jury in San Francisco convicted Linwei Ding, also known as Leon Ding, 38, of seven counts of economic espionage and seven counts of theft of trade secrets, per an FBI post on X Monday."

Google Engineer Disputes AI Secrets in China Espionage Trial; Bloomberg Law, January 12, 2026

 Isaiah Poritz, Bloomberg Law; Google Engineer Disputes AI Secrets in China Espionage Trial

"Former Google LLC engineer Linwei Ding on the first day of his criminal trial pushed back on allegations that he stole over 100 valuable AI trade secrets from the tech giant to start a business in China, arguing that the documents he copied don’t meet the legal definition of a trade secret."

White Bird Clinic sues Willamette Valley Crisis Care over misuse of trade secrets, copyright infringement; Oregon Public Broadcasting (OPB), November 24, 2025

 Nathan Wilk , Oregon Public Broadcasting (OPB); White Bird Clinic sues Willamette Valley Crisis Care over misuse of trade secrets, copyright infringement

"Eugene’s White Bird Clinic is suing a rival nonprofit, Willamette Valley Crisis Care, over copyright infringement and the stealing of trade secrets.

WVCC was founded after White Bird shuttered CAHOOTS services in Eugene in April. The new nonprofit hopes to launch a similar mobile crisis intervention program and has multiple former CAHOOTS staff members on board.

White Bird is now alleging that minutes before WVCC co-founder Alese “Dandy” Colehour sent a resignation letter to White Bird earlier this month, they downloaded confidential client information, training manuals and other materials to give to the newer non-profit.

White Bird is also accusing the WVCC of infringing on its CAHOOTS trademark through advertising materials and other public outreach efforts, and of passing off White Bird’s services as its own."

Your employees may be leaking trade secrets into ChatGPT; Fast Company, July 24, 2025

 KRIS NAGEL , Fast Company; Your employees may be leaking trade secrets into ChatGPT

"Every CEO I know wants their team to use AI more, and for good reason: it can supercharge almost every area of their business and make employees vastly more efficient. Employee use of AI is a business imperative, but as it becomes more common, how can companies avoid major security headaches? 

Sift’s latest data found that 31% of consumers admit to entering personal or sensitive information into GenAI tools like ChatGPT, and 14% of those individuals explicitly reported entering company trade secrets. Other types of information that people admit to sharing with AI chatbots include financial details, nonpublic facts, email addresses, phone numbers, and information about employers. At its core, it reveals that people are increasingly willing to trust AI with sensitive information."

U.S. Copyright Office Releases New Copyright Registration Toolkit; U.S. Copyright Office, April 22, 2025

  U.S. Copyright Office, Issue No. 1070; U.S. Copyright Office Releases New Copyright Registration Toolkit

"Today, the U.S. Copyright Office released the Copyright Registration Toolkit, a comprehensive resource designed to help creators, small business owners, advisors, and others navigate the copyright system. As part of the Copyright Office’s Copyright for All initiative, the toolkit is a visual breakdown of copyright, including essential information about copyright law, how to prepare for copyright registration, what to expect during the process, and post-registration considerations.

“The Copyright Registration Toolkit makes copyright information more accessible and user-friendly for all creators,” said Associate Register of Copyrights and Director of Public Information and Education Miriam Lord. “Resources like this one empower authors, artists, musicians, and their advisors to protect and manage creative works with confidence.”

Developed in conjunction with the U.S. Patent and Trademark Office's intellectual property (IP) toolkits for trademarks, trade secrets, and patents, these resources collectively provide a broad overview of IP protection under U.S. law.

Copyright Office attorneys, writers, and designers collaborated on the toolkit to ensure it serves as a reliable and engaging reference for creators making business decisions about their creative works and for advisors who help guide them in understanding their rights as IP owners.

To explore the Copyright Registration Toolkit, visit the landing page. For further inquiries, the Public Information Office is available Monday through Friday, 8:30 a.m.–5:00 p.m. eastern time, to assist with questions about the copyright registration process."

What 70% of Americans Don’t Understand About Intellectual Property; Stites & Harbison, October 26, 2023

 Mandy Wilson Decker, Stites & Harbison; What 70% of Americans Don’t Understand About Intellectual Property

"The United States Intellectual Property Alliance (USIPA) recently published the results of its US Intellectual Property Awareness & Attitudes Survey. Among its findings, the survey results revealed that 70% of Americans are unable to distinguish between mechanisms – patents, trademarks, copyrights, and trade secrets – for protecting Intellectual Property (IP).

Given these results, it's worth exploring the principal mechanisms for protecting IP, which each possess some distinctive features."

How to protect algorithms as intellectual property; CSO, July 13, 2020

Stacy Collett, CSO; How to protect algorithms as intellectual property

Algorithms can now be considered trade secrets or even patent-worthy. Prevent them from being stolen by taking these security steps.

"Intellectual property theft has become a top concern of global enterprises. As of February 2020, the FBI had about 1,000 investigations involving China alone for attempted theft of US-based technology spanning just about every industry. It’s not just nation-states who look to steal IP; competitors, employees and partners are often culprits, too.

Security teams routinely take steps to protect intellectual property like software, engineering designs, and marketing plans. But how do you protect IP when it's an algorithm and not a document or database? Proprietary analytics are becoming an important differentiator as companies implement digital transformation projects. Luckily, laws are changing to include algorithms among the IP that can be legally protected."

Managing Intellectual Property in a Crisis (Part 2); JDSupra, April 1, 2020

Joseph Falcon, III, JDSupra; Managing Intellectual Property in a Crisis (Part 2)


"(Note: This is the second of a three-part series stressing the importance of intellectual property protection in difficult economic times. You can read Part 1 here, and watch for Part 3 tomorrow.)

Maintaining intellectual property first requires identification of intellectual property your business already possesses. Intellectual property rights are classified into various categories, each protectable by different legal instruments such as patent, copyright, trademark and trade secret...

These items for patents, copyrights or trademarks are general, but each business likely will have specific questions on how they can apply to each business."

Feds to US Firms: Watch Out for Employees Trying to Steal Trade Secrets for China; PC Mag, February 26, 2020

Michael Kan, PC Mag; Feds to US Firms: Watch Out for Employees Trying to Steal Trade Secrets for China

"“It’s not a spy versus spy game anymore,” said William Evanina, Director of the National Counterintelligence and Security Center, during the panel. “This is the businessman, the engineer, the scientist, the student, the professor.” ...

To stop the intellectual property theft, the feds are urging US companies to protect against insider threats, which can be spurred on both by foreign governments and domestic rivals, they noted. But the answer isn’t to profile employees or stop hiring staffers from certain countries, [John] Demers[US Assistant Attorney General for National Security] said. He suggests companies develop internal systems that can track when employees are accessing sensitive company files, which can help pinpoint when a IP theft might be occurring. For example, if a soon-to-be ex-staffer is suddenly accessing a huge trove of a confidential documents, the system should immediately flag the download to company administrators."

U.S.-China Feud Ensnares Obscure UN Intellectual Property Agency; Bloomberg, February 16, 2020

Nick Wadhams, Bloomberg; U.S.-China Feud Ensnares Obscure UN Intellectual Property Agency

"“The race for WIPO leadership has become the moment the U.S. woke up to the fact China is eating our lunch in the multilateral system and that great-power competition will be fought out in many theaters, including UN agencies,” said Daniel Runde, the director of the Project on Prosperity and Development at the Center for Strategic and International Studies. “WIPO may seem obscure, but it’s a standard-maker and holds hundreds of billions of our trade secrets in its digital vaults.”"

A face-scanning algorithm increasingly decides whether you deserve the job; The Washington Post, October 22, 2019

Drew Harwell, The Washington Post; A face-scanning algorithm increasingly decides whether you deserve the job 

HireVue claims it uses artificial intelligence to decide who’s best for a job. Outside experts call it ‘profoundly disturbing.’

"“It’s a profoundly disturbing development that we have proprietary technology that claims to differentiate between a productive worker and a worker who isn’t fit, based on their facial movements, their tone of voice, their mannerisms,” said Meredith Whittaker, a co-founder of the AI Now Institute, a research center in New York...

Loren Larsen, HireVue’s chief technology officer, said that such criticism is uninformed and that “most AI researchers have a limited understanding” of the psychology behind how workers think and behave...

“People are rejected all the time based on how they look, their shoes, how they tucked in their shirts and how ‘hot’ they are,” he told The Washington Post. “Algorithms eliminate most of that in a way that hasn’t been possible before.”...

HireVue’s growth, however, is running into some regulatory snags. In August, Illinois Gov. J.B. Pritzker (D) signed a first-in-the-nation law that will force employers to tell job applicants how their AI-hiring system works and get their consent before running them through the test. The measure, which HireVue said it supports, will take effect Jan. 1."

People Are Looking At Your LinkedIn Profile. They Might Be Chinese Spies; NPR, September 19, 2019

Ryan Lucas, NPR; People Are Looking At Your LinkedIn Profile. They Might Be Chinese Spies

"Demers took over leadership of the National Security Division in February 2018 after being confirmed by the Senate. Since taking the helm, he has spent a considerable amount of time on China and what he calls its prolific espionage efforts against the United States.

They're vast in scale, he said, and they span the spectrum from traditional espionage targeting government secrets to economic espionage going after intellectual property and American trade secrets...

It's a play that has also been used to target folks in the business world and academia, where China is hungry for cutting-edge technology and trade secrets. For years, the Chinese intelligence services have hacked into U.S. companies and made off with intellectual property.

Now, U.S. officials say China's spies are increasingly turning to what is known as "nontraditional collectors" — students, researchers and business insiders — to scoop up secrets."

NDAs Are Out of Control. Here’s What Needs to Change; Harvard Business Review, January 30, 2018

Orly Lobel, Harvard Business Review; NDAs Are Out of Control. Here’s What Needs to Change

[Kip Currier: Came across this article about Nondisclosure Agreements (NDAs) while updating a Trade Secrets lecture for this week. The author raises a number of thought-provoking ethical and policy issues to consider. Good information for people in all sectors to think about when faced with signing an NDA and/or managing NDAs.]

"Nondisclosure agreements, or NDAs, which are increasingly common in employment contracts, suppress employee speech and chill creativity. The current revelations surfacing years of harassment in major organizations are merely the tip of the iceberg.

New data shows that over one-third of the U.S. workforce is bound by an NDA. These contracts have grown not only in number but also in breadth. They not only appear in settlements after a victim of sexual harassment has raised her voice but also are now routinely included in standard employment contracts upon hiring. At the outset, NDAs attempt to impose several obligations upon a new employee. They demand silence, often broadly worded to protect against speaking up against corporate culture or saying anything that would portray the company and its executives in a negative light. NDAs also attempt to expand the definitions of secrecy to cover more information than the traditional bounds of trade secret law, in effect preventing an employee from leaving their employer and continuing to work in the same field."

IBM settles legal dispute with diversity officer hired by Microsoft; IBM, March 5, 2018

Jan Wolfe, Reuters; IBM settles legal dispute with diversity officer hired by Microsoft

"International Business Machines Corp on Monday said it settled a trade secrets lawsuit it brought against its former chief diversity officer who left for a similar job at Microsoft Corp.

The settlement allows Lindsay-Rae McIntyre to begin working at Microsoft in July."

IBM-Microsoft Spat Elevates Diversity to Tech-Secret Level; Bloomberg, February 12, 2018

Chris Dolmetsch, Bloomberg; IBM-Microsoft Spat Elevates Diversity to Tech-Secret Level

"While the lawsuit highlights the contention that can ensue when a senior employee bolts for a rival, it also shines a light on the increasing role that diversity measures play in corporate America. Technology and financial companies have reserved those fights in the past to employees who possessed key technical or strategic knowledge, not those entrusted to make decisions on hiring and the makeup of the workforce...

In its complaint, filed Monday in federal court in White Plains, New York, IBM pointed to Microsoft’s own attempts to keep details about its diversity efforts secret. In a separate lawsuit, in which Microsoft is accused of discriminating against women in technical and engineering roles, the Redmond, Washington-based company insisted that internal communications and documents about its diversity data and strategies be filed under seal because they’re so sensitive.

Non-competition clauses are common in the technology industry, covering most employees, said Evan Starr, an assistant professor at the University of Maryland’s Robert H. Smith School of Business."