Preemption

In light of the rapidly expanding field of medical software technology, and its recognition that traditional approval mechanisms for hardware-based medical devices may not be well suited to regulating such technology, FDA is piloting a new, streamlined regulatory approach for digital health technologies. The initiative, currently a “working model” and known as the Software Precertification Program, is meant to encourage the development of health and medical software, including potentially software using artificial intelligence.

As currently envisioned, the Precertification Program creates a voluntary, organization-based approach to FDA review of digital health software. FDA will pre-certify organizations as having a “culture of quality” based on FDA’s review of the software developer’s R&D and monitoring systems. Under the working model, pre-certified organizations could submit less information in premarket submissions to FDA than currently required or may qualify for an exemption from premarket review by FDA.
Continue Reading AI Update: Medical Software and Preemption

Recently, in UMG Recordings v. Escape Media Group, a New York state court held that the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”) may provide the operator of the website grooveshark.com protection against state law copyright claims based on pre-1972 sound recordings.

The DMCA provides a “safe harbor” against
Continue Reading N.Y. Court Holds that DMCA Safe Harbor Applies to Pre-1972 Sound Recordings