In July 2024, I wrote, together with Chhaya Bharwaj, that the execution of the first climate mitigation judgment of the European Court of Human Rights, Verein KlimaSeniorinnen v. Switzerland, was a space to watch. This was because the Court found, for the first time, that the lack of an adequate legislative framework to mitigate the … Read more
Montana’s Supreme Court upheld a landmark climate ruling that said the state was violating residents’ constitutional right to a clean environment by permitting oil, gas and coal projects without regard for global warming. The justices, in a 6-1 ruling, rejected the state’s argument that greenhouse gases released from Montana fossil fuel projects are minuscule on … Read more
Image by M. H. from Pixabay In the first part of this post on the Kneschke vs. LAION decision by the German Hamburg Regional Court (“Court”), we explored the Court’s key findings regarding the operational step in a generative AI model, and the decision on the exceptions for scientific research text and data mining (“TDM”) … Read more
Image by M. H. from Pixabay On September 27, 2024, the German Hamburg Regional Court (“Court”) issued the first ruling on reproductions of copyrighted content from the Internet made during the creation of an AI training data set – and on whether the copyright exceptions for text and data mining (“TDM”) provide statutory permission for … Read more
The Judgment of the Hague Court of Appeal in Shell v Milieudefensie On 12 November 2024, the Hague Court of Appeal in Shell v Milieudefensie set aside the preceding 2021 judgment which held Shell responsible for its contribution to climate change. The 2021 judgment was widely heralded (though also critiqued) as groundbreaking and a precedent … Read more
