Legal News for Mon 6/9 - Getty vs. Stability AI, Notable Paul Weiss Exodus, $2.8b NCAA Player Settlement
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This Day in Legal History: “Have You No Sense of Decency, Sir?”
On June 9, 1954, one of the most pivotal moments in American legal and political history unfolded during the Army–McCarthy hearings. The hearings were part of a broader investigation into allegations that Senator Joseph McCarthy and his staff had pressured the U.S. Army for preferential treatment of a former aide. By this time, McCarthy had become infamous for his aggressive campaign against alleged communists in government, using Senate hearings as a stage for accusations often lacking in evidence. His tactics had created a culture of fear and censorship across multiple sectors of American life.
The dramatic turning point came when Army chief counsel Joseph Welch confronted McCarthy after the senator attempted to smear a young attorney from Welch’s law firm. With millions watching the nationally televised hearing, Welch famously asked, “Have you no sense of decency, sir? At long last, have you left no sense of decency?” The moment drew applause and signaled a critical shift in public sentiment. It crystallized growing discomfort with McCarthy’s bullying methods and marked the beginning of his political downfall.
The legal significance of this day lies not in a court decision but in the public rejection of demagoguery and the defense of due process and professional ethics. Welch’s rebuke helped reassert norms of fairness in legislative proceedings and served as a precedent for reining in congressional overreach. Within months, McCarthy was censured by the Senate, and his influence waned. June 9, 1954, thus stands as a symbolic restoration of institutional decency amid the legal theater of Cold War America.
Getty Images has launched a major copyright lawsuit against Stability AI in the UK, accusing the company of using millions of its images without permission to train its AI system, Stable Diffusion. The case, now underway in London's High Court, challenges whether such data use falls within fair use or infringes intellectual property rights. Getty insists the lawsuit is not an attack on AI itself, but a defense of copyright protections, arguing that AI can thrive alongside creators if proper licensing is respected. Stability AI denies any wrongdoing, framing the dispute as a broader debate about innovation and freedom of expression.
The legal battle is unfolding amid a global wave of lawsuits over AI training data, as creative industries express concern about the unauthorized use of their work. Getty is also pursuing a parallel case in the United States. Lawyers for Stability AI argue the suit could endanger the entire generative AI industry, but Getty counters that respecting copyright is key to AI's future. The outcome of this case could reshape how copyright law is applied to AI in the UK and potentially influence government policy.
One legal element of note is UK copyright's application to machine learning, particularly regarding the "scraping" of protected content. This is significant because the UK lacks a settled precedent on whether using copyrighted data to train AI systems constitutes infringement, especially in the absence of express licensing. This case could establish that precedent.
Getty argues its landmark UK copyright case does not threaten AI | Reuters
Damian Williams, the former U.S. Attorney for the Southern District of New York, has left Paul Weiss just months after joining the firm to move to Jenner & Block. His departure comes as Paul Weiss faces scrutiny for striking a controversial deal with the Trump administration in March, agreeing to provide $40 million in pro bono legal services in exchange for rescinding an executive order targeting the firm. Jenner & Block, in contrast, opposed the same Trump-era executive order in court and recently secured a permanent ruling against it.
Williams will now co-chair Jenner’s litigation and investigations practice. During his time as U.S. Attorney, he led major prosecutions including those of FTX founder Sam Bankman-Fried and Senator Bob Menendez. In a statement, Williams praised Jenner’s fearless advocacy and strategic counsel. Jenner did not mention its legal fight against Trump or Paul Weiss's agreement in its announcement.
Paul Weiss has seen several other high-profile departures in recent months, including five partners who left to start a new firm and the head of its pro bono practice, who left to work on housing advocacy. The Trump-related agreement has sparked debate within the legal community, with some praising it as pragmatic and others criticizing it as compromising firm independence.
Former Manhattan US attorney leaves Paul Weiss for law firm fighting Trump | Reuters
A federal judge has given final approval to a groundbreaking $2.8 billion antitrust settlement between the NCAA, its Power Five conferences, and student-athletes, allowing for direct payments to college athletes for the first time. Judge Claudia Wilken ruled that the deal, which also resolves ongoing litigation over name, image, and likeness (NIL) rights, was fair and served pro-competitive purposes despite concerns raised over team roster limits and compensation caps. As part of the agreement, schools can begin sharing up to 22% of their athletic revenue—around $20 million annually per Power Five school—with athletes as soon as this summer.
The deal includes $2.75 billion in back payments over 10 years to Division I athletes who played from 2016 onward. Some athletes had objected, citing unfair pay practices, gender inequities, and a lack of input from future players. Wilken responded by approving revisions that exempt some athletes from roster limits and clarified that future athletes can object to the settlement before being bound by it. Less than 0.1% of nearly 390,000 class members formally objected.
While this decision marks a shift toward a new financial model in college sports, litigation will continue. Former athletes not covered by this deal are still pursuing claims, and broader legal fights remain over whether athletes should be considered employees. NCAA President Charlie Baker emphasized the deal as a stabilizing step amid ongoing legal and political challenges, including state-level competition over NIL rules.
NCAA Wins Final Approval of $2.8 Billion Player-Pay Deal (2)
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