Federal court reverses decision on Idaho’s library materials law, returns case to lower court; Idaho Capital Sun, January 30, 2026

SEAN DOLAN , Idaho Capital Sun; Federal court reverses decision on Idaho’s library materials law, returns case to lower court

"A federal appeals court on Thursday delivered welcome news for opponents of the Idaho Legislature’s 2024 law that established civil penalties for libraries and schools that allow children to access “harmful” material.

The U.S. Court of Appeals for the 9th Circuit on Thursday narrowly reversed a decision from the U.S. District Court of Idaho to deny a preliminary injunction that would have stopped the law from going into effect. The circuit court’s decision on Thursday sided with the plaintiffs, reversed the district court’s decision and returns the case back to the lower court to consider “the scope of a limited preliminary injunction” and to “conduct further proceedings consistent with our opinion...

HB 710’s “context clause” requires courts and other reviewers to consider if the allegedly offensive content in libraries and schools possesses “serious literary, artistic, political or scientific value for minors.” The court concluded that the plaintiffs — a coalition of private schools and libraries and their patrons — showed a “likelihood of success” because the bill’s context clause is “overbroad on its face” and threatens to regulate a substantial amount of expressive activity."

Defendant Tattoo Artist Prevails in Miles Davis Tattoo Suit; Lexology, January 5, 2026

 Michael Best & Friedrich LLP , Lexology; Defendant Tattoo Artist Prevails in Miles Davis Tattoo Suit

"In the case, Sedlik v. Von Drachenberg, 9th Cir., No. 24‑3367 (Jan. 2, 2026), the Ninth Circuit affirmed a jury verdict in favor of celebrity tattoo artist Katherine “Kat Von D” Von Drachenberg in a closely watched copyright dispute brought by photographer Jeffrey Sedlik over a tattoo based on Sedlik’s well-known portrait of Miles Davis. A link to the images of the photo and the tattoo can be seen here (Kat Von D defends use of Miles Davis photo for friend's tattoo | Courthouse News Service). The panel left intact the jury’s finding of no infringement on the ground that the tattoo and photograph were not “substantially similar,” and emphasized that it would not substitute its view for the jury’s on this fact-intensive question."

Victory! Ninth Circuit Limits Intrusive DMCA Subpoenas; Electronic Frontier Foundation (EFF), August 18, 2025

 TORI NOBLE, Electronic Frontier Foundation (EFF); Victory! Ninth Circuit Limits Intrusive DMCA Subpoenas

"Fortunately, Section 512(h) has an important limitation that protects users.  Over two decades ago, several federal appeals courts ruled that Section 512(h) subpoenas cannot be issued to ISPs. Now, in In re Internet Subscribers of Cox Communications, LLC, the Ninth Circuit agreed, as EFF urged it to in our amicus brief."

OpenAI Faces Early Appeal in First AI Copyright Suit From Coders; Bloomberg Law, September 30, 2024

Isaiah Poritz , Bloomberg Law; OpenAI Faces Early Appeal in First AI Copyright Suit From Coders

"OpenAI Inc. and Microsoft Corp.‘s GitHub will head to the country’s largest federal appeals court to resolve their first copyright lawsuit from open-source programmers who claim the companies’ AI coding tool Copilot violates a decades-old digital copyright law.

Judge Jon S. Tigar granted the programmers’ request for a mid-case turn to the US Court of Appeals for the Ninth Circuit, which must determine whether OpenAI’s copying of open-source code to train its AI model without proper attribution to the programmers could be a violation of the Digital Millennium Copyright Act...

The programmers argued that Copilot fails to include authorship and licensing terms when it outputs code. Unlike other lawsuits against AI companies, the programmers didn’t allege that OpenAI and GitHub engaged in copyright infringement, which is different from a DMCA violation."

Stop Using Your Face or Thumb to Unlock Your Phone; Gizmodo, April 26, 2024

 Kyle Barr, Gizmodo; Stop Using Your Face or Thumb to Unlock Your Phone

"Last week, the 9th Circuit Court of Appeals in California released a ruling that concluded state highway police were acting lawfully when they forcibly unlocked a suspect’s phone using their fingerprint. You probably didn’t hear about it. The case didn’t get a lot of coverage, especially because the courts weren’t giving a blanket green light for every cop to shove your thumb to your screen during an arrest. But it’s another toll of the warning bell that reminds you to not trust biometrics to keep your phone’s sensitive info private. In many cases, especially if you think you might interact with the police (at a protest, for example), you should seriously consider turning off biometrics on your phone entirely.

The ruling in United States v. Jeremy Travis Payne found that highway officers acted lawfully by using Payne’s thumbprint to unlock his phone after a drug bust."