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Category Archives: Intellectual Property

Is A.I. the Death of I.P.?

The New Yorker [free to read]: “Intellectual property accounts for some or all of the wealth of at least half of the world’s fifty richest people, and it has been estimated to account for fifty-two per cent of the value of U.S. merchandise exports. I.P. is the new oil. Nations sitting on a lot of it are making money selling it to nations that have relatively little. It’s therefore in a country’s interest to protect the intellectual property of its businesses. But every right is also a prohibition. My right of ownership of some piece of intellectual property bars everyone else from using that property without my consent. I.P. rights have an economic value but a social cost. Is that cost too high? I.P. ownership comes in several legal varieties: copyrights, patents, design rights, publicity rights, and trademarks. And it’s everywhere you look. United Parcel Service has a trademark on the shade of brown it paints its delivery trucks. If you paint your delivery trucks the same color, UPS can get a court to make you repaint them. Coca-Cola owns the design rights to the Coke bottle: same deal. Some models of the Apple Watch were taken off the market this past Christmas after the United States International Trade Commission determined that Apple had violated the patent rights of a medical-device firm called Masimo. (A court subsequently paused the ban.)…”

Plagiarism doesn’t need AI to thrive online

Vox – A YouTuber’s deep dive on plagiarism tries to make viewers care when creators steal content: “Copying has always been a part of internet culture. Sometimes it’s ethical, sometimes not. It’s almost always incentivized: Once social media began reshaping online life, copying became a go-to tactic for getting views. When copying crosses an ethical… Continue Reading

Artists Lose First Round of Copyright Infringement Case Against AI Art Generators

Hollywood Reporter: “Artists suing generative artificial intelligence art generators have hit a stumbling block in a first-of-its-kind lawsuit over the uncompensated and unauthorized use of billions of images downloaded from the internet to train AI systems, with a federal judge’s dismissal of most claims. U.S. District Judge William Orrick on Monday found that copyright infringement… Continue Reading

Lessig on why AI and social media are causing a free speech crisis for the internet

The Verge: Harvard Professor Lawrence Lessig – After 30 years teaching law, the internet policy legend is as worried as you’d think about AI and TikTok — and he has surprising thoughts about balancing free speech with protecting democracy. Nilay Patel: “…Larry and I talked about the current and recurring controversy around react videos on… Continue Reading

AI is learning from stolen intellectual property. It needs to stop.

Washington Post – William D. Cohan is a best-selling author and a founding partner of Puck News: “The other day someone sent me the searchable database published by The Atlantic that have been used to train the generative AI systems being developed by Meta, Bloomberg and others. It turns out that four of my seven… Continue Reading

These 183,000 Books Are Fueling the Biggest Fight in Publishing and Tech

The Atlantic – Editor’s note: This searchable database is part of The Atlantic’s series on Books3. You can read about the origins of the database here, and an analysis of what’s in it here. “This summer, I acquired a data set of more than 191,000 books that were used without permission to train generative-AI systems… Continue Reading

UK Guide on the use of Generative AI

UK Gov: Guide on the use of Generative AI – “Overview – Generative artificial intelligence (AI) tools offer many potential benefits to Government of Canada (GC) institutions. Federal institutions should explore potential uses of generative AI tools for supporting and improving their operations. However, because these tools are evolving, they should not be used in… Continue Reading

UK Proposed principles to guide competitive AI markets and protect consumers

Gov.UK – September 18, 2023: “The Competition and Markets Authority (CMA) has today published a report following its initial review of foundation models (FMs) and has proposed principles which aim to ensure consumer protection and healthy competition are at the heart of responsible development and use of FMs. FMs are artificial intelligence (AI) systems with… Continue Reading

AI-Created Art Isn’t Copyrightable, Judge Says in Ruling That Could Give Hollywood Studios Pause

Hollywood Reporter: “More than 100 days into the writers strike, fears have kept mounting over the possibility of studios deploying generative artificial intelligence to completely pen scripts. But intellectual property law has long said that copyrights are only granted to works created by humans, and that doesn’t look like it’s changing anytime soon. A federal… Continue Reading

The GPTJudge: Justice in a Generative AI World

Grossman, Maura and Grimm, Paul and Brown, Dan and Xu, Molly, The GPTJudge: Justice in a Generative AI World (May 23, 2023). Duke Law & Technology Review, Vol. 23, No. 1, 2023, Duke Law School Public Law & Legal Theory Series No. 2023-30, Available at SSRN: https://ssrn.com/abstract=4460184 “Generative AI (“GenAI”) systems such as ChatGPT recently… Continue Reading

A.I. brings shadow libraries into the spotlight

The New York Times [free link] – to see this text scroll down the page: ” Large language models, or L.L.M.s, the artificial intelligence systems that power tools like ChatGPT, are developed using enormous libraries of text. Books are considered especially useful training material, because they’re lengthy and (hopefully) well-written. But authors are starting to… Continue Reading