For many reasons, existing open source licenses are not a good fit for AI. Simply put, AI involves more than just software and most open source licenses are designed primarily for software. Much work has been done by many...more
The Copyright Office released a “Pre-publication” version of Part 3 of its Report on Copyright and AI. Coincidentally (?) Shira Perlmuter, the Register of Copyrights, was fired amid a shakeup at the Copyright Office. The...more
5/12/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Fair Use ,
Machine Learning ,
New Guidance ,
Regulatory Oversight ,
Technology ,
Transformative Use
In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligence’s (“ROSS”), fair use and other defenses by vacating its previous stance and granting summary judgement in...more
2/12/2025
/ Artificial Intelligence ,
Competition ,
Copyright ,
Copyright Infringement ,
Data Collection ,
Fair Use ,
Intellectual Property Litigation ,
Legal Technology ,
Machine Learning ,
Software ,
Technology Sector
We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more
11/4/2024
/ Artificial Intelligence ,
Automation Systems ,
Bots ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright ,
Copyright Infringement ,
Dismissals ,
DMCA ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Intellectual Property Protection ,
Leave to Amend ,
Machine Learning ,
Penal Code ,
Personal Jurisdiction ,
Technology ,
Unfair Competition ,
Web Scraping
As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted...more
8/7/2024
/ Acquisitions ,
Artificial Intelligence ,
Bias ,
Bots ,
Cross-Border ,
Data Privacy ,
Government Agencies ,
Intellectual Property Protection ,
IP License ,
Machine Learning ,
Mergers ,
Patents ,
Policies and Procedures ,
Regulatory Requirements ,
Trade Secrets
The number of bar associations that have issued AI ethics guidance continues to grow, with NJ being the most recent. In its May 2024 report (Report), the NJ Task Force on Artificial Intelligence and the Law made a number of...more
By now, most lawyers have heard of judges sanctioning lawyers for misuse of generative AI, typically for not fact checking the outputs. Other judges have issued local rules governing use of or prohibiting AI. These actions...more
A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?...more
We have now reached the 180-day mark since the White House Executive Order (EO) on the Safe, Secure and Trustworthy Development of AI and we are seeing a flurry of mandated actions being completed. See here for a summary of...more
5/1/2024
/ Artificial Intelligence ,
Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Executive Orders ,
Legislative Agendas ,
Machine Learning ,
National Security ,
New Legislation ,
NIST ,
Personal Information ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Technology Sector
The Florida State Bar recently adopted an advisory opinion meant to provide attorneys with guidance on how to use generative artificial intelligence (“GenAI”) without running afoul of ethics rules. In doing so, Florida...more
2/7/2024
/ Advertising ,
Advisory Opinions ,
Artificial Intelligence ,
Bots ,
California ,
Duty of Confidentiality ,
Ethical Standards ,
Ethics ,
Florida ,
Litigation Fees & Costs ,
Machine Learning ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Supervision
The launch of ChatGPT 3.5 in November 2022 set up 2023 as a year for rapid growth and early adoption of this transformative technology. It reached 100 million users within 2 months of launch – setting a record for the fastest...more
A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models...more
The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises...more
11/10/2023
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Enforcement ,
Executive Orders ,
Information Sharing ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Machine Learning ,
Strategic Planning ,
Technology Sector
The White House’s Executive Order On The Safe Secure And Trustworthy Development And Use Of Artificial-Intelligence (“EO”) addresses many equity and civil rights issues with AI and mandates certain actions to ensure that AI...more
11/9/2023
/ Artificial Intelligence ,
Biden Administration ,
Department of Justice (DOJ) ,
Equity ,
Executive Orders ,
Legislative Agendas ,
Machine Learning ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Technology Sector
The US just catapulted into being the world leader on regulating AI. Bypassing Congress, the White house issued an Executive Order focusing on safe, secure and trustworthy AI and laying out a national policy on AI. In stark...more
The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more
10/4/2023
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance ,
Popular
Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more
10/4/2023
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance ,
Popular
The use of artificial intelligence (AI) is booming. Investors and companies are pouring cash into the space, and particularly into generative AI (GAI), to seize their share of the market which McKinsey reports could add up to...more
9/14/2023
/ Artificial Intelligence ,
Board of Directors ,
Business Development ,
Business Strategies ,
Capital Markets ,
Corporate Governance ,
Fiduciary Duty ,
Investors ,
Machine Learning ,
Risk Management ,
Technology ,
Venture Capital
The rapid growth of generative AI (GAI) has taken the world by storm. The uses of GAI are many as are the legal issues. If your employees are using GAI, they may be subjecting your company to many unwanted and potentially...more
Valve has reportedly adopted a policy to reject games that use AI-generated content over infringement concerns. A developer posted on the “aigamedev” subreddit that in response to submitting a game with some assets that were...more
Many companies are sitting on a trove of customer data and are realizing that this data can be valuable to train AI models. However, what some companies have not thought through, is whether they can actually use that data for...more
While you were asking ChatGPT to create a 3-course menu for the upcoming book club you’re hosting or to explain the Rule Against Perpetuities, several federal government agencies announced initiatives related to the use of...more
5/1/2023
/ Artificial Intelligence ,
Automated Systems ,
Bots ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Infringement ,
Machine Learning ,
NIST ,
Open Source Software ,
Patents ,
Rule Against Perpetuities ,
Technology Sector
The number of patents for inventions based on artificial intelligence, machine learning and deep learning continues to grow rapidly. Some of these inventions relate to AI technology per se, and some relate to the use of AI in...more
1/8/2020
/ Artificial Intelligence ,
Blockchain ,
Comment Period ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Patent Applications ,
Patent Examinations ,
Patents ,
Popular ,
Public Comment ,
USPTO