#50 Easy Prompting and Memorisation: Munich Ruling on GEMA v Suno w/ Prof. Dr. Jan Bernd Nordemann

In this episode, we explore the implications of a landmark German court ruling on AI training and copyright law, featuring expert legal insights from Jan Bernd Nordemann. We discuss how AI models like Suno's infringe copyright, jurisdictional issues, and the evolving legal landscape for AI and intellectual property.Throughout the episode, we commented on the Munich Regional Court's ruling on GEMA v. Suno (available in German): https://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-2026-N-17961. During our conversation, Jan also brought up a couple of cases that are relevant to the Court's ruling. Click on them directly using the links below: - 06:06, The CJEU's case law on the relevance of recognisability to determine whether we are before a reproduction, Joined Cases C-580/23 and C-795/23, Mio and Others: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62023CA0580. - 13:42, The US Supreme Court's case Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al: https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf.Key moments00:00 Introduction to the German court ruling on Suno AI01:05 Facts of the case: GEMA vs Suno02:28 How Suno trained its model using YouTube content03:10 German copyright infringements identified in the case04:16 Memorized copies within Suno’s system and public access06:39 US law considerations and fair use analysis07:43 Reproduction and memorization in AI models09:08 Jurisdictional issues and extraterritoriality13:28 Impact of the ruling on fair use and AI training14:31 Thresholds for retention and legal relevance16:00 Prompting complexity and memorization boundaries17:16 Output filters and their legal implications18:18 AI due diligence obligations and strict liability19:23 Future considerations for AI liability and care duties20:10 Closing remarks and audience engagementTo learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128.________The Binary Agora is on social media, where we upload and comment on dedicated content only for our subscribers. Stay tuned there, as well.- LinkedIn: https://www.linkedin.com/company/thebinaryagora/posts/?feedView=all- BlueSky: https://bsky.app/profile/thebinaryagora.bsky.social- TikTok: https://www.tiktok.com/@thebinaryagora- Instagram: https://www.instagram.com/thebinaryagora/The views and opinions expressed by our guests are their own and do not necessarily reflect the official position of this podcast, its host, or any affiliated organisations.