Fake Cases, Real Consequences [No digital link as of 10/1/24]; ABA Journal, Oct./Nov. 2024 Issue

John Roemer, ABA Journal; Fake Cases, Real Consequences [No digital link as of 10/1/24]

"Legal commentator Eugene Volokh, a professor at UCLA School of Law who tracks AI in litigation, in February reported on the 14th court case he's found in which AI-hallucinated false citations appeared. It was a Missouri Court of Appeals opinion that assessed the offending appellant $10,000 in damages for a frivolous filing.

Hallucinations aren't the only snag, Volokh says. "It's also with the output mischaracterizing the precedents or omitting key context. So one still has to check that output to make sure it's sound, rather than just including it in one's papers.

Echoing Volokh and other experts, ChatGPT itself seems clear-eyed about its limits. When asked about hallucinations in legal research, it replied in part: "Hallucinations in chatbot answers could potentially pose a problem for lawyers if they relied solely on the information provided by the chatbot without verifying its accuracy."

OpenAI Pushes Prompt-Hacking Defense to Deflect Copyright Claims; Bloomberg Law, August 29, 2024

 Annelise Gilbert, Bloomberg Law; OpenAI Pushes Prompt-Hacking Defense to Deflect Copyright Claims

"Diverting attention to hacking claims or how many tries it took to obtain exemplary outputs, however, avoids addressing most publishers’ primary allegation: AI tools illegally trained on copyrighted works."

Ethical and Responsible AI: A Governance Framework for Boards; Directors & Boards, August 27, 2024

Sonita Lontoh, Directors & Boards; Ethical and Responsible AI: A Governance Framework for Boards 

"Boards must understand what gen AI is being used for and its potential business value supercharging both efficiencies and growth. They must also recognize the risks that gen AI may present. As we have already seen, these risks may include data inaccuracy, bias, privacy issues and security. To address some of these risks, boards and companies should ensure that their organizations' data and security protocols are AI-ready. Several criteria must be met:

• Data must be ethically governed. Companies' data must align with their organization's guiding principles. The different groups inside the organization must also be aligned on the outcome objectives, responsibilities, risks and opportunities around the company's data and analytics.
• Data must be secure. Companies must protect their data to ensure that intruders don't get access to it and that their data doesn't go into someone else's training model.
• Data must be free of bias to the greatest extent possible. Companies should gather data from diverse sources, not from a narrow set of people of the same age, gender, race or backgrounds. Additionally, companies must ensure that their algorithms do not inadvertently perpetuate bias.
• AI-ready data must mirror real-world conditions. For example, robots in a warehouse need more than data; they also need to be taught the laws of physics so they can move around safely.
• AI-ready data must be accurate. In some cases, companies may need people to double-check data for inaccuracy.

It's important to understand that all these attributes build on one another. The more ethically governed, secure, free of bias and enriched a company's data is, the more accurate its AI outcomes will be."

Music labels' AI lawsuits create copyright puzzle for courts; Reuters, August 4, 2024

 Blake Brittain, Reuters; Music labels' AI lawsuits create copyright puzzle for courts

"Suno and Udio pointed to past public statements defending their technology when asked for comment for this story. They filed their initial responses in court on Thursday, denying any copyright violations and arguing that the lawsuits were attempts to stifle smaller competitors. They compared the labels' protests to past industry concerns about synthesizers, drum machines and other innovations replacing human musicians...

The labels' claims echo allegations by novelists, news outlets, music publishers and others in high-profile copyright lawsuits over chatbots like OpenAI's ChatGPT and Anthropic's Claude that use generative AI to create text. Those lawsuits are still pending and in their early stages.

Both sets of cases pose novel questions for the courts, including whether the law should make exceptions for AI's use of copyrighted material to create something new...

"Music copyright has always been a messy universe," said Julie Albert, an intellectual property partner at law firm Baker Botts in New York who is tracking the new cases. And even without that complication, Albert said fast-evolving AI technology is creating new uncertainty at every level of copyright law.

WHOSE FAIR USE?

The intricacies of music may matter less in the end if, as many expect, the AI cases boil down to a "fair use" defense against infringement claims - another area of U.S. copyright law filled with open questions."

Navigate ethical and regulatory issues of using AI; Thomson Reuters, July 1, 2024

Thomson Reuters ; Navigate ethical and regulatory issues of using AI

"However, the need for regulation to ensure clarity, trust, and mitigate risk has not gone unnoticed. According to the report, the vast majority (93%) of professionals surveyed said they recognize the need for regulation. Among the top concerns: a lack of trust and unease about the accuracy of AI. This is especially true in the context of using the AI output as advice without a human checking for its accuracy."

You Can Create Award-Winning Art With AI. Can You Copyright It?; Bloomberg Law, June 5, 2024

 Matthew S. Schwartz, Bloomberg Law; You Can Create Award-Winning Art With AI. Can You Copyright It?

"We delved into the controversy surrounding the use of copyrighted material in training AI systems in our first two episodes of this season. Now we shift our focus to the output. Who owns artwork created using artificial intelligence? Should our legal system redefine what constitutes authorship? Or, as AI promises to redefine how we create, will the government cling to historical notions of authorship?

Guests:

• Jason M. Allen, founder of Art Incarnate
• Sy Damle, partner in the copyright litigation group at Latham & Watkins
• Shira Perlmutter, Register of Copyrights and director of the US Copyright Office"

Will the rise of AI spell the end of intellectual property rights?; The Globe and Mail, May 27, 2024

 SHEEMA KHAN , The Globe and Mail; Will the rise of AI spell the end of intellectual property rights?

"AI’s first challenge to IP is in the inputs...

Perhaps the question will become: Will IP be the death of AI?...

The second challenge relates to who owns the AI-generated products...

Yet IP rights are key to innovation, as they provide a limited monopoly to monetize investments in research and development. AI represents an existential threat in this regard.

Clearly, the law has not caught up. But sitting idly by is not an option, as there are too many important policy issues at play."