PathAI and Gilead Report Data from Machine Learning Model Predictions of Liver Disease Progression and Treatment Response at AASLD’s The Liver Meeting…

BOSTON (PRWEB) November 06, 2020

PathAI, a global provider of AI-powered technology applied to pathology research, today announced the results of a research collaboration with Gilead that retrospectively analyzed liver biopsies from participants in clinical trials evaluating treatments for NASH or CHB (1). Using digitized hematoxylin and eosin (H&E)-, picrosirius red-, and trichrome-stained biopsy slides, PathAIs machine learning (ML) models were able to accurately predict changes in features traditionally used as markers for liver disease progression in clinical practice and clinical trials, including fibrosis, steatosis, hepatocellular ballooning, and inflammation. The new results will be presented in an oral presentation and 4 poster sessions at The Liver Meeting Digital Experience (TLMdX) that will be held from November 13-16, 2020.

The data builds upon PathAIs previous success in retrospectively staging liver biopsies from clinical trials by showing that ML models may uncover patterns of histological features that correlate with disease progression or treatment response. Furthermore, ML models were able to estimate the hepatic venous pressure gradient (HVPG) in study subjects with NASH related cirrhosis and quantify fibrosis heterogeneity from digitized slides, which are measures that are not reliably captured by traditional pathology methods. After appropriate clinical validation, these new tools could be useful in staging disease more accurately than can be done with current approaches.

"We continue to use machine learning to advance our understanding of liver diseases, including NASH and hepatitis B, as a foundation for developing new methods to track disease progression and assess response to therapeutics, said PathAI co-founder and Chief Executive Officer Andy Beck MD, PhD. Our long-standing partnership with Gilead continues to demonstrate the power of AI-based pathology to support development efforts to bring new therapies to patients."

Highlights include:

Data presented at AASLD demonstrate the potential of machine learning approaches to improve our assessment of liver disease severity, reduce the variability of human interpretation of liver biopsies, and identify novel features associated with disease progression, said Rob Myers, MD, Vice President, Liver Inflammation/Fibrosis, Gilead Sciences. We are proud of our ongoing partnership with PathAI and look forward to continued collaboration toward our shared goals of enhancing research efforts and improving outcomes of patients with liver disease.

The antiviral drug TDF effectively suppresses hepatitis B virus in patients with CHB, but a small subset of patients have persistently elevated serum ALT despite virologic suppression. ML-models were applied to biopsy data from registrational studies of TDF to examine this small subgroup of non-responders. Analyses of the ML-model predicted histologic features showed that persistently elevated ALT after five years of TDF treatment is associated with a higher steatosis score at BL and increases in steatosis during follow-up. These data suggest that subjects with elevated ALT despite TDF treatment may have underlying fatty liver disease that impacts biochemical response.Machine Learning Enables Quantitative Assessment of Histopathologic Signatures Associated with ALT Normalization in Chronic Hepatitis B Patients Treated with Tenofovir Disoproxil Fumarate (TDF) Oral Abstract #18

ML-models were deployed on biopsies from registrational trials of TDF in CHB to identify cellular and tissue-based phenotypes associated with HBV DNA and hepatitis B e-antigen (HBeAg). The study demonstrated that proportionate areas of ML-model-predicted hepatocellular ballooning at BL and Yr 5, and lobular inflammation at Yr 5 were higher in subjects that did not achieve virologic suppression. In addition, lymphocyte density across the tissue and within regions of lobular inflammation correlated with HBeAg loss, supporting the importance of an early immune response for viral clearance.Machine Learning Based Quantification of Histology Features from Patients Treated for Chronic Hepatitis B Identifies Features Associated with Viral DNA Suppression and dHBeAg Loss Poster Number #0848

Standard manual methods for staging liver fibrosis have limited sensitivity and reproducibility. Application of a ML-model to evaluate changes in fibrosis in response to treatment in the STELLAR and ATLAS trials enabled development of the DELTA (Deep Learning Treatment Assessment) Liver Fibrosis Score. This scoring method accounts for the heterogeneity in fibrosis severity that can be detected by ML-models and reflects changes in fibrotic patterns that occur in response to treatment. Application of the DELTA Liver Fibrosis Score to biopsies from the Phase 2b ATLAS trial demonstrated a reduction in fibrosis in response to treatment with the investigational combination of cilofexor and firsocostat that was not detected by standard staging methods. Validation of a Machine Learning-Based Approach (DELTA Liver Fibrosis Score) for the Assessment of Histologic Response in Patients with Advanced Fibrosis Due to NASH Poster Number #1562

Integration of tissue transcriptomic data with histologic information is likely to reveal new insights into disease. Using liver tissue obtained during the STELLAR trials evaluating NASH subjects with advanced fibrosis, RNA-seq-generated, tissue-level gene expression profiles were integrated with ML-predicted histology. This analysis revealed five key genes strongly correlated with proportionate areas of portal inflammation and bile ducts, features that are themselves predictive of disease progression in NASH. High levels of expression of these genes was associated with an increased risk of progression to cirrhosis in subjects with bridging (F3) fibrosis (hazard ratio [HR] 2.1; 95% CI 1.25, 3.49) and liver-related clinical events among those with cirrhosis (HR 4.05; 95% CI 1.4, 14.36). Integration of Machine Learning-Based Histopathology and Hepatic Transcriptomic Data Identifies Genes Associated with Portal Inflammation and Ductular Proliferation as Predictors of Disease progression in Advanced Fibrosis Due to NASH Poster Number #595

The severity of portal hypertension as assessed by HPVG predicts the risk of hepatic complications in patients with liver disease but is not simple to measure. ML-models were trained on images of 320 trichrome-stained liver biopsies from a phase 2b trial of investigational simtuzumab in subjects with compensated cirrhosis due to NASH to recognize patterns of fibrosis that correlate with centrally-read HVPG measurements. Deployed on a test set of slides, ML-calculated HVPG scores strongly correlated with measured HVPG and could discriminate subjects with clinically-significant portal hypertension (HVPG 10 mm Hg).A Machine Learning Model Based on Liver Histology Predicts the Hepatic Venous Pressure Gradient (HVPG) in Patients with Compensated Cirrhosis Due to Nonalcoholic Steatohepatitis (NASH) Poster Number #1471

(1) Trials include STELLAR, ATLAS, and NCT01672879 for investigation of NASH therapies, and registrational studies GS-US-174-102/103 for tenofovir disoproxil fumarate [TDF] for CHB.

About PathAIPathAI is a leading provider of AI-powered research tools and services for pathology. PathAIs platform promises substantial improvements to the accuracy of diagnosis and the efficacy of treatment of diseases like cancer, leveraging modern approaches in machine and deep learning. Based in Boston, PathAI works with leading life sciences companies and researchers to advance precision medicine. To learn more, visit pathai.com.

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PathAI and Gilead Report Data from Machine Learning Model Predictions of Liver Disease Progression and Treatment Response at AASLD's The Liver Meeting...

AI Recognizes COVID-19 in the Sound of a Cough Machine Learning Times – The Predictive Analytics Times

Originally published in IEEE Spectrum, Nov 4, 2020.

Based on a cellphone-recorded cough, machine learning models accurately detect coronavirus even in people with no symptoms.

Again and again, experts have pleaded that we need more and faster testing to control the coronavirus pandemicand many have suggested that artificial intelligence (AI) can help. Numerous COVID-19 diagnostics in development use AI to quickly analyze X-ray or CT scans, but these techniques require a chest scan at a medical facility.

Since the spring, research teams have been working toward anytime, anywhere apps that could detect coronavirus in the bark of a cough. In June, a team at the University of Oklahoma showed it was possible to distinguish a COVID-19 cough from coughs due to other infections, and now a paper out of MIT, using the largest cough dataset yet, identifies asymptomatic people with a remarkable 100 percentdetection rate.

If approved by the FDA and other regulators, COVID-19cough apps, in which a person records themselves coughing on command,could eventually be used for free, large-scale screening of the population.

With potential like that, the field is rapidly growing: Teams pursuing similar projects include a Bill and Melinda Gates Foundation-funded initiative, Cough Against Covid, at the Wadhwani Institute for Artificial Intelligence in Mumbai; the Coughvid project out of the Embedded Systems Laboratory of the cole Polytechnique Fdrale de Lausanne in Switzerland; and the University of Cambridges COVID-19 Sounds project.

The fact that multiple models can detect COVID in a cough suggeststhat there is no such thing astruly asymptomatic coronavirus infectionphysical changes alwaysoccurthat change the way a person produces sound. There arent many conditions that dont give you any symptoms, says Brian Subirana, director of the MIT Auto-ID lab and co-author on the recent study, published in the IEEE Open Journal of Engineering in Medicine and Biology.

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AI Recognizes COVID-19 in the Sound of a Cough Machine Learning Times - The Predictive Analytics Times

Post Covid-19 Impact on Machine Learning in Communication Sales, Price, Revenue, Gross Margin and Market Share 2020 to 2026 Amazon, IBM, Microsoft,…

The global Machine Learning in Communication Market has been studied by a set of researchers for a defined forecast period of 2020 to 2026. This study has provided insights to the stakeholders in the market landscape. It includes an in-depth analysis of various aspects of the market. These aspects include an overview section, with market segmentation, regional analysis, and competitive outlook of the global Machine Learning in Communication Market for the forecast period. All these sections of the report have been analyzed in detail to arrive at accurate and credible conclusion of the future trajectory. This also includes an overview section that mentions the definition, classification, and primary applications of the product/service to provide larger context to the audience to this report.

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Professor in Computer Vision and Machine Learning job with CITY, UNIVERSITY OF LONDON | 232985 – Times Higher Education (THE)

CITY, UNIVERSITY OF LONDON

School of Mathematics, Computer Science & EngineeringComputer Science

Professor in Computer Vision and Machine Learning

SALARY: Competitive

Founded in 1894, City, University of London is a global university committed to academic excellence with a focus on business and the professions and an enviable central London location.

City attracts around 20,000 students (over 40% at postgraduate level) from more than 150 countries and staff from over 75 countries.

In the last decade City has almost tripled the proportion of its total academic staff producing world-leading or internationally excellent research.

Led by President, Professor Sir Paul Curran, City has made significant investments in its academic staff, its estate and its infrastructure and continues to work towards realising its vision of being a leading global university.

The School of Mathematics, Computer Science & Engineering is a multi-disciplinary centre of research and education located in the heart of Londons vibrant design community. It is proud of its research advances and of educating thousands of undergraduates and postgraduates in STEM subjects.

The Department of Computer Science has been at the leading edge of computer science in the UK for six decades. It awarded some of the countrys first Computer Science degrees and laid the groundwork for the foundation of the British Computer Society. Today, it is a vibrant, modern department comprising approximately 50 academic staff and 60 research staff and PhD students.

The School is seeking to appoint a Professor in Computer Vision and Machine Learning who will join the Research Centre for Adaptive Computing Systems and Machine Learning (ACS-ML) and collaborate closely with Tesco plc on research for the retail sector. The appointed candidate will lead and foster excellent research; contribute to the delivery of high quality undergraduate and postgraduate education in core Computer Science; and play a lead role in developing the partnership with Tesco and strengthening expertise in Computer Vision for the retail sector.

The successful candidate will have a PhD in Computer Science or an area related to machine learning, artificial intelligence or computer vision; an internationally recognised reputation in such an area; a track record of world-leading or internationally excellent research; and experience of delivering high quality education in core Computer Science. A track record of generating research income and of delivering consultancy or specialist services to external clients will also be required.

City offers a sector-leading salary, pension scheme and benefits including a comprehensive package of staff training and development.

The role is available immediately.

Closing date: Friday 11th December 2020

Interviews are scheduled for January 2021

For a confidential discussion, please contact Imogen Wilde on +44 (0)7864 652 633 or Elliott Rae on +44 (0)7584 078 534.

For further information, please visit http://www.andersonquigley.com/city-prof

Actively working to promote equal opportunity and diversityAcademic excellence for business and the professions

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Professor in Computer Vision and Machine Learning job with CITY, UNIVERSITY OF LONDON | 232985 - Times Higher Education (THE)

This open source software brings back one of the most loved features of Windows 7 – TechRadar

The move from Windows 7's Start Menu to Live Tiles, first introduced in Windows 8, took many by surprise and while Windows 10 now allows you to access the Start Menu from the desktop, many users still prefer the look and fell of the traditional Start Menu.

Thankfully, the open source software Open Shell (originally known as Classic Shell) has you covered as it allows you to replace the Start Menu in Windows 8 and 10 with one that more closely resembles Windows 7's Start Menu.

If you're still running Windows 8, Open Shell also allows you to bypass the full-screen Start Menu and boot directly to the desktop.

To get started using Open Shell to change the look and feel of Windows 10's Start Menu, you'll first need to head to Github's website and download the program.

Once downloaded, double click on the executable to begin installing the software on your system. It's worth noting that if you only want to change the appearance of your Start Menu, you should uncheck the Classic Explorer and Classic IE options during installation. If you leave these options checked, you will also change the way that File Explorer and Internet Explorer appear on your system.

Open Shell allows you to choose from three different styles of Start Menu: Classic style, Classic with two columns and Windows 7 style. Classic style only shows your recently used apps and all apps list while Classic with two columns shows your recently used apps and settings and finally Windows 7 style recreates the Start Menu UI from Windows 7.

If you want to tinker with Open Shell further, you can do so by opening the Basic settings menu which will allow you to configure the open source software's advanced settings.

Via BleepingComputer

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This open source software brings back one of the most loved features of Windows 7 - TechRadar

Open Source Software Market | Leading industry players, products and services, Market Size and Trends 2020-2025 – The Daily Philadelphian

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The key players covered in this studyIntelEpsonIBMTranscendOracleAcquiaActuateAlfresco Software IncAstaro CorpRethinkDBCanonicalClearCenterCleversafeCompiere IncContinuent Inc

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Market segment by Type, the product can be split intoSharewareBundled SoftwareBSD(Berkeley Source Distribution)Other

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Open Source Software Market | Leading industry players, products and services, Market Size and Trends 2020-2025 - The Daily Philadelphian

Global Open Source Software Market Register a xx% CAGR in Terms of Revenue By 2025: Intel, Epson, IBM, Transcend, Oracle, Acquia – The Think Curiouser

Global Open Source Software Market: Introduction

The report representing the Global Open Source Software Market is an intensive research based documentation shedding enormous light on market developments, noteworthy trends as well a competitive vendor activities and performance analysis besides evaluating competition positioning that gradually direct hefty revenue flow and sustenance in global Open Source Software market. The report also entails significant details on COVID-19 spread and their effective management.

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Global Open Source Software Market: Understanding Scope In-depth research and thorough evaluation of the various contributing factors reveal that the global Open Source Software market is estimated to perform decently in forthcoming years, reaching a total valuation of xx million USD in 2020, and is further poised to register xx million USD in 2027, growing at a healthy CAGR of xx%. This elaborate research report also houses extensive information of various market-specific segments, elaborating further on segment categorization comprising type, application as well as end-user sections which successively influence lucrative business discretion.

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By the product type, the market is primarily split into SharewareBundled SoftwareBSD(Berkeley Source Distribution)

By the end-users/application, this report covers the following segments BMForumphpBBPHPWind

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The key regions covered in the Open Source Software market report are:North America (U.S., Canada, Mexico)South America (Cuba, Brazil, Argentina, and many others.)Europe (Germany, U.K., France, Italy, Russia, Spain, etc.)Asia (China, India, Russia, and many other Asian nations.)Pacific region (Indonesia, Japan, and many other Pacific nations.)Middle East & Africa (Saudi Arabia, South Africa, and many others.)

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Scope of the ReportThe discussed Open Source Software market has been valued at xx million US dollars in 2019 and is further projected to grow at xx million US dollars through the forecast span till 2024, growing at a CAGR of xx% through the forecast period.

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The Report Helps You in Understanding: Dominant and emerging trend analysis, elaborate references of key drivers, restraints, threats and challenges besides also harping on product categorization as well as industry chain analysis that collectively influence uniform growth The report lends amplified focus on important business priorities and investment choices preferred by key players as well as contributing players The report discusses at length the core growth pattern and market dimensions, besides also harping on decoding competition spectrum for thorough business discretion

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Global Open Source Software Market Register a xx% CAGR in Terms of Revenue By 2025: Intel, Epson, IBM, Transcend, Oracle, Acquia - The Think Curiouser

LIXIL Joins the Open Invention Network Community – GlobeNewswire

DURHAM, N.C., Nov. 03, 2020 (GLOBE NEWSWIRE) -- Open Invention Network (OIN), the largest patent non-aggression community in history, announced today that LIXIL Group Corporation (LIXIL) has become a licensee and joined more than 3,300 other OIN community members to promote open source innovation. A leading maker of pioneering water and housing products that are becoming increasingly smart, LIXIL is demonstrating its commitment to open source, especially embedded Linux, as it integrates Internet-of-Things (IoT) capabilities into its solutions.

The rapid adoption of IoT and digital technologies continue unabated. The proliferation of intelligence, propagated by the integration of open source, is enabling smarter kinds of water and housing products and services. LIXIL recognizes the benefits of leveraging Linux and open source, enabling it to enhance its offerings, said Keith Bergelt, CEO of Open Invention Network. We are pleased LIXIL has joined our community and committed to patent non-aggression in Linux and adjacent open source technologies.

Open source technologies, especially Embedded Linux, have enabled the rapid development and deployment of intelligent products that can be found throughout the infrastructure of homes, said Yugo Kanazawa, Chief Digital Officer at LIXIL. LIXILs participation in the OIN community shows our consistent commitment to open source innovation. We will continue to support shared innovation in open source and Linux."

OINs community practices patent non-aggression in core Linux and adjacent open source technologies by cross-licensing Linux System patents to one another on a royalty-free basis. Similarly, OIN licenses its patents royalty-free to organizations that agree not to assert their patents against the Linux System. The OIN license can be signed online at http://www.j-oin.net/.

About LIXIL GroupLIXIL makes pioneering water and housing products that solve every-day, real-life challenges, making better homes a reality for everyone, everywhere. Drawing on our Japanese heritage, we create world-leading technology and innovate to make high-quality products that transform homes. But the LIXIL difference is how we do this; through meaningful design, an entrepreneurial spirit, a dedication to improving accessibility for all and responsible business growth. Our approach comes to life through industry-leading brands, including INAX, GROHE, American Standard and TOSTEM. Over 70,000 colleagues, operating in more than 150 countries, are proud to make products that touch the lives of more than a billion people every day.

For more information, please visit lixil.com.

About Open Invention NetworkOpen Invention Network (OIN) is the largest patent non-aggression community in history and supports freedom of action in Linux as a key element of open source software (OSS). Patent non-aggression in core technologies is a cultural norm within OSS, so that the litmus test for authentic behavior in the OSS community includes OIN membership. Funded by Google, IBM, NEC, Philips, Sony, SUSE and Toyota, OIN has more than 3,300 community members and owns more than 1,300 global patents and applications. The OIN patent license and member cross-licenses are available royalty-free to any party that joins the OIN community.

For more information, visit http://www.openinventionnetwork.com.

Media-Only Contact:

Ed SchauwekerAVID Public Relations for Open Invention Networked@avidpr.com+1 (703) 963-5238

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LIXIL Joins the Open Invention Network Community - GlobeNewswire

FIRST FIVE: On behalf of the First Amendment ‘Dear Mr. President’ – hays Post

Gene Policinski is a senior fellow for the First Amendment at the Freedom Forum, and president and chief operating officer of the Freedom Forum Institute.

Dear Mr. President: Congratulations on your election victory.

Thats a non-partisan congratulations. The First Amendment, with its 45 words encompassing our core freedoms of religion, speech, press, assembly and petition, doesnt take political sides.

The year 2020 has seen a dramatic increase in the ways our fellow citizens are using the First Amendment. Theres every reason to believe 2021 will be more of the same.

By this Election Day, a record number of us exercised our right to vote, the ultimate expression of our rights to petition the government.

Years of simmering injury, insult and resentment over blatant and hidden racism have boiled over into a wave of public protests, prompted by the repeated deaths of Black men and women at the hands of police officers, and rooted in economic and social systems that people of color see as tilted against them

The national crisis that is COVID-19 is tearing at the very fabric of daily life and even as it hammers everything from employment numbers to how we sometimes can say farewell to the dying, the pandemic is sparking street demonstrations for and against health measures like masks and business shutdowns.

I write to ask that as you consider your election victory, you keep these First Amendment considerations in mind using the order of the five freedoms, to help organize your thoughts.

Religion in the U.S. today covers a remarkably diverse form of beliefs and practices, unique in the world. Understandably, that creates ongoing conflict as overall social values and individual matters of conscience collide. Some call this a culture war. I hope you will think of it as does my Freedom Forum colleague, Dr. Charles Haynes: An opportunity to find common ground focusing on those places where we do agree, even as we recognize and celebrate our differences.

What of free speech? For nearly a century, most battles around this freedom focused on whether or not government could restrict or punish individuals for their speech. In this next presidential term, the focus will be on relatively new ideas: There are ideas, words or symbolic actions that are too dangerous to be heard, or that the right to speak includes a right not to listen or to be protected from even hearing.

Please keep in mind that ideas are not eliminated by silencing those who give voice to them. More speech, in more ways, is the better path. It is a proper government role to find ways to encourage diversity of thought, but not to become a national nanny or worse, an autocratic censor deciding what we should see, read and hear.

The next generation will be ill-served to face an assuredly contentious world if they arent aware of a range of ideas, concepts and creeds. A need to reinforce the key positive ideals of our society for the future must include free discussion of where we have fallen short in word, actions or law in the past.

A free press is being challenged by the triple tag team of economic loss, public mistrust and new competition. An attendant casualty has been our collective belief in truth or at least accepted facts based on solid journalism, not punditry across a myriad of new information sources.

You dont have direct responsibility to make journalism better, but things are so dire you and Congress may be needed to help ensure we have any effective journalism at all.

The number of local news outlets is plunging and news deserts in which no local news media exists are growing. The watchdog-on-government role of a free press so vital to the informed citizenry needed by a democracy cannot be allowed to simply evaporate.

The unthinkable for free press advocates of not long ago tax breaks, operating subsidies, support for public journalism as we have seen for public television and radio may well become over the next four years unavoidable.

What we do know, based on annual surveys the Freedom Forum has done since 1997, is that most of us support that watchdog duty. Work with that consensus.

Assembly and petition have had rebirths. When frustrated, Americans always protested, on our streets and now online. Your responsibility here starts with listening even when others are shouting.

Yes, you must respond to those who go outside First Amendment protections into violence. But those responses must be tempered by the recognition that peaceful dissent is democracy, not disloyalty.

I write knowing you and the nation face many challenges. But I also write with the profound hope that this letter will be a reminder that these core freedoms empower all of us to freely talk with each other in many different ways, with a goal of determining the best possible solutions for the greatest number of people, in the shortest amount of time. The First Amendment doesnt require or provide for perfection, but it fuels democracy.

With that spirit in mind, good fortune in the next four years.

Gene Policinski is a senior fellow for the First Amendment at the Freedom Forum, and president and chief operating officer of the Freedom Forum Institute. He can be reached at [emailprotected], or follow him on Twitter at@genefac.

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FIRST FIVE: On behalf of the First Amendment 'Dear Mr. President' - hays Post

The First Amendment and Mandated Creation of Computer Code – Reason

Plaintiffs CDK Global LLC and Reynolds and Reynolds Company develop, own, and operate proprietary computer systems known as dealer management systems ("DMSs") that process vast amounts of data sourced from various parties. Automotive dealerships hold licenses to DMSs to help manage their business operations, including handling confidential consumer and proprietary data, processing transactions, and managing data communications between dealers, customers, car manufacturers, credit bureaus, and other third parties. Plaintiffs contractually prohibit dealers from granting third parties access to their DMSs without Plaintiffs' authorization.

In March 2019, the Arizona Legislature passed the Dealer Data Security Law . The Dealer Law regulates the relationship between DMS licensers like Plaintiffs and the dealerships they serve. Under the Dealer Law, DMS providers may no longer "[p]rohibit[] a third party [that has been authorized by the Dealer and] that has satisfied or is compliant with current, applicable security standards published by the standards for technology in automotive retail [ (STAR standards)] from integrating into the dealer's [DMS] or plac[e] an unreasonable restriction on integration."

The Dealer Law also requires that DMS providers "[a]dopt and make available a standardized framework for the exchange, integration and sharing of data from [a DMS]" that is compatible with STAR standards and that they "[p]rovide access to open application programming interfaces to authorized integrators." Finally, a DMS provider may only use data to the extent permitted in the DMS provider's agreement with the dealer, must permit dealer termination of such agreement, and "must work to ensure a secure transition of all protected dealer data to a successor dealer data vendor or authorized integrator" upon termination.

Plaintiffs have sufficiently alleged that the Dealer Law abridges their freedom of speech by requiring that Plaintiffs draft code to facilitate disclosure . It is well-established that "computer code, and computer programs constructed from code can merit First Amendment protection." Universal City Studios, Inc. v. Corley (2d Cir. 2001); see also United States v. Elcom Ltd. (N.D. Cal. 2002) ("[c]omputer software is speech that is protected at some level by the First Amendment").

However, not all code rises to the level of protected speech under the First Amendment. Rather, there are "two ways in which a programmer might be said to communicate through code: to the user of the program (not necessarily protected) and to the computer (never protected)." Further, even where code communicates to the user of a program, it still may not constitute protected speech under the First Amendment if it "commands 'mechanically' and 'without the intercession of the mind or the will of the recipient.'"

Plaintiffs have sufficiently alleged that the code they must draft to comply with the Dealer Law communicates substantively with the user of the program. The Amended Complaint alleges "Plaintiffs must draft code to receive and respond to requests from 'authorized integrators' who will interact with the code by commanding it to communicate the information they choose to request." It also states that the code will express the creative choices of the software developers and communicate those choices "to those who would access the Plaintiff's DMSs, as well as to other third-party programmers." Taken as true, these allegations sufficiently allege a protected interest in the content of the code.

Defendants argue the Dealer Law cannot compel speech because it does not dictate what Plaintiffs' code must say, only that dealers must adopt a framework to share data from their DMSs. Ariz. Rev. Stat. Ann. 28-4654 (requiring that Dealers "[a]dopt and make available a standardized framework for the exchange, integration and sharing of data from dealer data systems with authorized integrators and the retrieval of data by authorized integrators using the star standards or a standard that is compatible with the star standards."). They contend that, by mandating only access, the Dealer Law regulates Plaintiffs' conduct, not speech.

Corley acknowledged this possibility, clarifying that the mere "functional capability" of a code did not implicate First Amendment Protection. But Plaintiffs' allegations go beyond the functional capability of their code because they claim users will interact with their program in a substantive way. Defendants' arguments that the Dealer Law is more properly considered a regulation on conduct therefore amount to disagreements about the factual consequences of the law and the drafted code. Such a contention cannot be resolved at the Motion to Dismiss stage.

{Moreover, the mere assertion that the law regulates conduct does not establish failure to state a claim under the First Amendment. Even where a law is aimed only at conduct, an incidental burden on speech triggers scrutinyit must be "no greater than essential." Rumsfeld v. Forum for Acad. & Institutional Rights, Inc. (2006) (finding that a burden is no greater than essential when "neutral regulation promotes a substantial government interest that would be achieved less effectively absent the regulation.").}

I'm not sure what I think about this, but I thought some of our readers would find it interesting.

See the article here:

The First Amendment and Mandated Creation of Computer Code - Reason