Showing posts with label IP. Show all posts
Showing posts with label IP. Show all posts

Monday, September 8, 2025

Class-Wide Relief:The Sleeping Bear of AI Litigation Is Starting to Wake Up; Intellectual Property & Technology Law Journal, October 2025

 Anna B. Naydonov, Mark Davies and Jules Lee, Intellectual Property &Technology Law Journal; Class-Wide Relief:The Sleeping Bear of AI Litigation Is Starting to Wake Up

"Probably no intellectual property (IP) topic in the last several years has gotten more attention than the litigation over the use of the claimed copyrighted content in training artificial intelligence (AI) models.The issue of whether fair use applies to save the day for AI developers is rightfully deemed critical, if not existential, for AI innovation. But whether class relief – and the astronomical damages that may come with it – is available in these cases is a question of no less significance."

Saturday, September 6, 2025

Big Questions About AI and the Church Video; August 25, 2025

Big Questions About AI and the Church Video

Kip Currier: This Big Questions About AI and the Church video (1:12:14) was created by the members of my cohort and me (Cohort 7). Our cohort emanated from the groundbreaking August 2024 ecumenical AI & The Church Summit in Seattle that we all attended.

Perhaps raising more questions than providing answers, the video's aim is to encourage reflection and discussion of the many-faceted issues and concerns at the nexus of AI, faith communities, and our broader societies.

Many thanks to our cohort member Rev. Dr. Andy P. Morgan for spearheading, synthesizing, and uploading this video to YouTube. 

Saturday, August 30, 2025

DHS references Mexican IndyCar driver to promote ‘Speedway Slammer’ detention center; The Guardian, August 7, 2025

Agencies , The Guardian; DHS references Mexican IndyCar driver to promote ‘Speedway Slammer’ detention center


[Kip Currier: Not only is this statement by a DHS spokesperson factually inaccurate, as there's a cogent argument these actions by DHS may negatively impact trademark rights (and rights of publicity) -- “An AI generated image of a car with ‘ICE’ on the side does not violate anyone’s intellectual property rights" -- it's also morally offensive to either recklessly or intentionally appropriate without permission the racing number of one of the top Mexican drivers for use in a DHS promotion that demeans human beings.]


[Excerpt]

"IndyCar driver Pato O’Ward and series officials were shocked by a social media post from the Department of Homeland Security that touts plans for an immigration detention center in Indiana dubbed “Speedway Slammer.” It includes a car with the same number as that of O’Ward, the only Mexican driver in the series.

“It caught a lot of people off guard. Definitely caught me off guard,” O’Ward said Wednesday. “I was just a little bit shocked at the coincidences of that and, you know, of what it means ... I don’t think it made a lot of people proud, to say the least.”

The post on Tuesday included an AI-generated image of a IndyCar-style vehicle with O’Ward’s No 5 that has “ICE” stamped on it. In the image, the car is in front of a jail...

“We were unaware of plans to incorporate our imagery as part of yesterday’s announcement,” IndyCar said in a statement Wednesday. “Consistent with our approach to public policy and political issues, we are communicating our preference that our IP not be utilized moving forward in relation to this matter.”

A DHS spokesperson said it would not change the social media post. “An AI generated image of a car with ‘ICE’ on the side does not violate anyone’s intellectual property rights. Any suggestion to the contrary is absurd,” the spokesperson said in statement. “DHS will continue promoting the ‘Speedway Slammer’ as a comprehensive and collaborative approach to combatting illegal immigration.”

Saturday, August 23, 2025

Watering down Australia’s AI copyright laws would sacrifice writers’ livelihoods to ‘brogrammers’; The Guardian, August 11, 2025

 Tracey Spicer, The Guardian; Watering down Australia’s AI copyright laws would sacrifice writers’ livelihoods to ‘brogrammers’

"My latest book, which is about artificial intelligence discriminating against people from marginalised communities, was composed on an Apple Mac.

Whatever the form of recording the first rough draft of history, one thing remains the same: they are very human stories – stories that change the way we think about the world.

A society is the sum of the stories it tells. When stories, poems or books are “scraped”, what does this really mean?

The definition of scraping is to “drag or pull a hard or sharp implement across (a surface or object) so as to remove dirt or other matter”.

A long way from Brisbane or Bangladesh, in the rarefied climes of Silicon Valley, scrapers are removing our stories as if they are dirt.

These stories are fed into the machines of the great god: generative AI. But the outputs – their creations – are flatter, less human, more homogenised. ChatGPT tells tales set in metropolitan areas in the global north; of young, cishet men and people living without disability.

We lose the stories of lesser-known characters in remote parts of the world, eroding our understanding of the messy experience of being human.

Where will we find the stories of 64-year-old John from Traralgon, who died from asbestosis? Or seven-year-old Raha from Jaipur, whose future is a “choice” between marriage at the age of 12 and sexual exploitation?

OpenAI’s creations are not the “machines of loving grace” envisioned in the 1967 poem by Richard Brautigan, where he dreams of a “cybernetic meadow”.

Scraping is a venal money grab by oligarchs who are – incidentally – scrambling to protect their own intellectual property during an AI arms race.

The code behind ChatGPT is protected by copyright, which is considered to be a literary work. (I don’t know whether to laugh or cry.)

Meta has already stolen the work of thousands of Australian writers.

Now, our own Productivity Commission is considering weakening our Copyright Act to include an exemption for text and data mining, which may well put us out of business.

In its response, The Australia Institute uses the analogy of a car: “Imagine grabbing the keys for a rental car and just driving around for a while without paying to hire it or filling in any paperwork. Then imagine that instead of being prosecuted for breaking the law, the government changed the law to make driving around in a rental car legal.”

It’s more like taking a piece out of someone’s soul, chucking it into a machine and making it into something entirely different. Ugly. Inhuman.

The commission’s report seems to be an absurdist text. The argument for watering down copyright is that it will lead to more innovation. But the explicit purpose of the Copyright Act is to protect innovation, in the form of creative endeavour.

Our work is being devalued, dismissed and destroyed; our livelihoods demolished.

In this age of techno-capitalism, it appears the only worthwhile innovation is being built by the “brogrammers”.

US companies are pinching Australian content, using it to train their models, then selling it back to us. It’s an extractive industry: neocolonialism, writ large."

Saturday, August 16, 2025

Larry Ellison Wants to Do Good, Do Research and Make a Profit; The New York Times, August 12, 2025

  Theodore Schleifer and , The New York Times; Larry Ellison Wants to Do Good, Do Research and Make a Profit

"Mr. Ellison has rarely engaged with the community of Giving Pledge signers, according to two people with knowledge of the matter. He has cherished his autonomy and does not want to be influenced to support Mr. Gates’s causes, one of the people said, while also sensitive to any idea that he is backing off the pledge.

But the stakes of Mr. Ellison’s message on X are enormous. His fortune is about 10 times what it was when he signed the pledge as the software company he founded, Oracle, rides the artificial intelligence boom. Mr. Ellison controls a staggering 40-plus percent of the company’s stock...

“Oxford, Cambridge and the whole university sector are under pressure to capitalize on intellectual property because of long-running government policy belief that the U.K. has fallen behind economically,” said John Picton, an expert in nonprofit law at the University of Manchester."

Monday, August 11, 2025

Invention-Con 2025: Empowering American ingenuity and innovation; United States Patent and Trademark Office (USPTO), September 9-10, 2025

 United States Patent and Trademark Office (USPTO) ; Invention-Con 2025: Empowering American ingenuity and innovation

"Do you want to grow your intellectual property (IP) knowledge and gain access to IP and business experts, accomplished innovators, and inspiring entrepreneurs? Join us for the USPTO's free flagship conference for inventors, makers, and entrepreneurs. Don’t miss Invention-Con 2025, coming to you virtually September 9-10 from 1:00 – 3:30 p.m. ET daily. Tailored for the independent inventor and entrepreneur community, our marquee event brings inspiration and IP experts directly to you.

  • Learn from accomplished innovators, inventors, entrepreneurs, and business owners how to use IP to achieve success.

  • Discover resources available to assist at every stage of your journey.

  • Connect with IP and business experts who can help you develop a strategy for your innovation, from idea to market."

Tuesday, July 29, 2025

How an M&M Sparked the Search for the Next Perfect Peanut; The New York Times, July 24, 2025

  , The New York Times; How an M&M Sparked the Search for the Next Perfect Peanut

"As one of the largest privately held companies in the United States, Mars approaches agricultural research differently than many corporations. Like open-source software, the information its research produces is available for anyone to use or share with no patents or intellectual property rights standing in the way. The company has invested in similar research in cacao and mint, two other crops Mars cannot survive without.

It’s the way Forrest Mars, Sr., the billionaire who invented M&Ms, would have wanted it, Mars scientists say. In 1947 he declared mutuality — the idea that Mars’s success should also benefit others — as one of the company’s five core principles. It still guides the company, which had nearly $50 billion in sales in 2024. And it’s why they are all in on the Wild Peanut Lab."

Wednesday, July 9, 2025

Viewpoint: Don’t let America’s copyright crackdown hand China global AI leadership; Grand Forks Herald, July 5, 2025

  Kent Conrad and Saxby Chambliss , Grand Forks Herald; Viewpoint: Don’t let America’s copyright crackdown hand China global AI leadership


[Kip Currier: The assertion by anti-AI regulation proponents, like the former U.S. congressional authors of this think-piece, that requiring AI tech companies to secure permission and pay for AI training data will kill or hobble U.S. AI entrepreneurship is hyperbolic catastrophizing. AI tech companies can license training data from creators who are willing to participate in licensing frameworks. Such frameworks already exist for music copyrights, for example. AI tech companies just don't want to pay for something if they can get it for free.

AI tech companies would never permit users to scrape up, package, and sell their IP content for free. Copyright holders shouldn't be held to a different standard and be required to let tech companies monetize their IP-protected works without permission and compensation.]

Excerpt]

"If these lawsuits succeed, or if Congress radically rewrites the law, it will become nearly impossible for startups, universities or mid-size firms to develop competitive AI tools."

Friday, June 13, 2025

How Disney’s AI lawsuit could shift the future of entertainment; The Washington Post, June 11, 2025

, The Washington Post ; How Disney’s AI lawsuit could shift the future of entertainment

"The battle over the future of AI-generated content escalated on Wednesday as two Hollywood titans sued a fast-growing AI start-up for copyright infringement.

Disney and Universal, whose entertainment empires include Pixar, Star Wars, Marvel and Despicable Me, sued Midjourney, claiming it wrongfully trained its image-generating AI models on the studios’ intellectual property.

They are the first major Hollywood studios to file copyright infringement lawsuits, marking a pivotal moment in the ongoing fight by artists, newspapers and content makers to stop AI firms from using their work as training data — or at least make them pay for it."

Wednesday, May 21, 2025

Most AI chatbots easily tricked into giving dangerous responses, study finds; The Guardian, May 21, 2025

  , The Guardian; Most AI chatbots easily tricked into giving dangerous responses, study finds

"Hacked AI-powered chatbots threaten to make dangerous knowledge readily available by churning out illicit information the programs absorb during training, researchers say.

The warning comes amid a disturbing trend for chatbots that have been “jailbroken” to circumvent their built-in safety controls. The restrictions are supposed to prevent the programs from providing harmful, biased or inappropriate responses to users’ questions.

The engines that power chatbots such as ChatGPT, Gemini and Claude – large language models (LLMs) – are fed vast amounts of material from the internet.

Despite efforts to strip harmful text from the training data, LLMs can still absorb information about illegal activities such as hacking, money laundering, insider trading and bomb-making. The security controls are designed to stop them using that information in their responses.

In a report on the threat, the researchers conclude that it is easy to trick most AI-driven chatbots into generating harmful and illegal information, showing that the risk is “immediate, tangible and deeply concerning”...

The research, led by Prof Lior Rokach and Dr Michael Fire at Ben Gurion University of the Negev in Israel, identified a growing threat from “dark LLMs”, AI models that are either deliberately designed without safety controls or modified through jailbreaks. Some are openly advertised online as having “no ethical guardrails” and being willing to assist with illegal activities such as cybercrime and fraud."

Sunday, May 18, 2025

Intellectual property is our bedrock; Daily Journal, May 17, 2025

 Phil Kerpen, Daily Journal; Intellectual property is our bedrock

"Elon Musk is probably the second-most powerful man in the world these days, so when he responded to Twitter co-founder Jack Dorsey’s “delete all IP law” post with “I agree,” we need to take this radical proposal seriously.

Musk and Dorsey want their AI bots to remix all the world’s content without having to worry about who owns it, but it’s important that we slow down and start from first principles, or we risk undermining one of the foundations of our Constitution and economic system.

The moral case for IP was already powerfully articulated prior to American independence by John Locke. In his 1694 memorandum opposing the renewal of the Licensing Act, Locke wrote: “Books seem to me to be the most proper thing for a man to have a property in of any thing that is the product of his mind,” which is no doubt equally true of more modern creative works. Unlike physical property, which is a mixture of an individual’s work effort and the pre-existing natural world, creative works are the pure creation of the human mind. How could they not then properly be owned by their authors?

The Constitution cements this truth. Article I, Section 8 empowers Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” This clause isn’t incidental; it’s a deliberate choice to recognize inventors and authors properly have a property right in their creations and is the only right expressly protected in the base text of the Constitution, before the Bill of Rights was added...

Deleting all IP law is like banning free speech to stop misinformation — it might narrowly accomplish its goal, but only by destroying what we ought to be protecting."

Saturday, February 8, 2025

OpenAI says DeepSeek ‘inappropriately’ copied ChatGPT – but it’s facing copyright claims too; The Conversation, February 4, 2025

 Senior Lecturer in Natural Language Processing, The University of Melbourne, The University of Melbourne , Lecturer in Cybersecurity, The University of Melbourne, The Conversation; OpenAI says DeepSeek ‘inappropriately’ copied ChatGPT – but it’s facing copyright claims too

"Within days, DeepSeek’s app surpassed ChatGPT in new downloads and set stock prices of tech companies in the United States tumbling. It also led OpenAI to claim that its Chinese rival had effectively pilfered some of the crown jewels from OpenAI’s models to build its own. 

In a statement to the New York Times, the company said: 

We are aware of and reviewing indications that DeepSeek may have inappropriately distilled our models, and will share information as we know more. We take aggressive, proactive countermeasures to protect our technology and will continue working closely with the US government to protect the most capable models being built here.

The Conversation approached DeepSeek for comment, but it did not respond.

But even if DeepSeek copied – or, in scientific parlance, “distilled” – at least some of ChatGPT to build R1, it’s worth remembering that OpenAI also stands accused of disrespecting intellectual property while developing its models."

Saturday, January 25, 2025

Copyright Under Siege: How Big Tech Uses AI And China To Exploit Creators; Virginie Berger, January 25, 2025

 Virginie Berger

, Forbes; Copyright Under Siege: How Big Tech Uses AI And China To Exploit Creators

"Generative AI is reshaping creativity in ways that highlight a troubling paradox: while touted as a force for innovation, it increasingly relies on exploiting copyrighted materials, songs, books, and artworks, without consent or compensation. This transformation underscores the growing conflict between technological progress and the preservation of artistic integrity. At the heart of the issue lies a troubling paradox: while companies like OpenAI and Google promote AI as a force for innovation, their reliance on scraping copyrighted materials, songs, books, and artworks, undermines the very creativity they claim to enhance. This exploitation is often disguised as progress or justified as necessary for global competitiveness, particularly in the AI race against China. However, these claims mask a deeper reality: the consolidation of power by Big Tech at the expense of creators. As the balance of influence shifts, those who drive culture and innovation are increasingly marginalized, raising urgent questions about the future of intellectual property and creative industries."

Tuesday, January 14, 2025

USPTO announces new Artificial Intelligence Strategy to empower responsible implementation of innovation; United States Patent and Trademark Office (USPTO), January 14, 2025

United States Patent and Trademark Office (USPTO) ; USPTO announces new Artificial Intelligence Strategy to empower responsible implementation of innovation

"AI Strategy outlines how the USPTO will address AI's impact across IP policy, agency operations, and the broader innovation ecosystem  

WASHINGTON—The U.S. Patent and Trademark Office (USPTO) announced a new Artificial Intelligence (AI) Strategy to guide the agency’s efforts toward fulfilling the potential of AI within USPTO operations and across the intellectual property (IP) ecosystem. The Strategy offers a vision for how the USPTO can foster responsible and inclusive AI innovation, harness AI to support the agency’s mission, and advance a positive future for AI to ensure that the country maintains its leadership in innovation. 

“We have a responsibility to promote, empower, and protect innovation,” said Derrick Brent, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO. “Developing a strategy to unleash the power of AI while mitigating risks provides a framework to advance innovation and intellectual property.”  

The strategy aims to achieve the USPTO’s AI vision and mission through five focus areas which include: 

  1. Advance the development of IP policies that promote inclusive AI innovation and creativity. 
  2. Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development. 
  3. Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.
  4. Develop AI expertise within the USPTO’s workforce.
  5. Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.

The USPTO and our sister agencies within the Department of Commerce, as well as the U.S. Copyright Office, are providing critical guidance and recommendations to advance AI-driven innovation and creativity. In 2022, the USPTO created the AI and Emerging Technology (ET) Partnership, which has worked closely with the AI/ET community to gather public feedback through a series of sessions on topics related to AI and innovation, biotech, and intellectual property (IP) policy. Since its 2022 launch, more than 6,000 stakeholders have engaged with us on these critical issues. In additionthe USPTO collaborates across government to advance American leadership in AI by promoting innovation and competition as set forth in the Biden-Harris Administration’s landmark October 2023 AI Executive Order. 

The full text of the AI Strategy can be found on the AI Strategy webpageAdditionalinformation on AI, including USPTO guidance and more on USPTO’s AI/ET Partnership, can be found on our AI webpage. "

Sunday, December 29, 2024

AI's assault on our intellectual property must be stopped; Financial Times, December 21, 2024

 Kate Mosse, Financial Times; AI's assault on our intellectual property must be stopped

"Imagine my dismay, therefore, to discover that those 15 years of dreaming, researching, planning, writing, rewriting, editing, visiting libraries and archives, translating Occitan texts, hunting down original 13th-century documents, becoming an expert in Catharsis, apparently counts for nothing. Labyrinth is just one of several of my novels that have been scraped by Meta's large language model. This has been done without my consent, without remuneration, without even notification. This is theft...

AI companies present creators as being against change. We are  not. Every artist I know is already engaging with AI in one way or another. But a distinction needs to be made between AI that can be used in brilliant ways -- for example, medical diagnosis -- and the foundations of AI models, where companies are essentially stealing creatives' work for their own profit. We should not forget that the AI companies rely on creators to build their models. Without strong copyright law that ensures creators can earn a living, AI companies will lack the high-quality material that is essential for their future growth."

Sunday, December 1, 2024

From exploitation to empowerment: how researchers can protect Indigenous peoples’ rights to own and control their data; Nature, November 27, 2024

 Cassandra Sedran-Price, Nature; From exploitation to empowerment: how researchers can protect Indigenous peoples’ rights to own and control their data

"So, what can be done? Indigenous Data Sovereignty, which refers to Indigenous peoples’ rights to own and control Indigenous data, can and should be protected through research practices, including how contracts are written and teams are structured. This right, supported by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), emphasizes the fact that Indigenous peoples should be in the driver’s seat for research that affects us. We should be the decision-makers from the point of conceptualization — from setting the research priorities through to dissemination of the data and ongoing data management, including how they are stored, accessed and used. It is through Indigenous peoples’ involvement that systemic injustices can be broken down, and equity, shared benefits and data protection can be realized.

Researchers and institutions must take the lead in understanding how to develop and implement mechanisms to enact Indigenous data sovereignty, known as Indigenous data governance. An important first step is aligning policies and practices with national and international frameworks and treaties for the protection of Indigenous knowledge and data. The CARE Principles for Indigenous data governance (the acronym stands for Collective benefit, Authority to control, Responsibility and Ethics) for example, were designed to strengthen and uphold Indigenous rights to data, while refocusing data governance to prioritize value-based relationships5.

In Western society, intellectual property (IP) laws offer a means of protection for knowledge and data. These laws can establish ownership and authorship of IP in the form of copyright, trademarks and patents. But they do not fully recognize our lore and experiences as Indigenous peoples, nor the specific forms of Indigenous knowledge and data that may be accessed and shared. This is where research-related agreements, such as contracts and data-sharing agreements, can create greater equity and opportunities to prioritize and support shared power, shared resources, mutual understanding and respect for our cultural protocols."

Saturday, November 23, 2024

A Long-Held Secret Is Now Public. Will It Alter Cormac McCarthy’s Legacy?; The New York Times, November 23, 2024

Alexandra Alter and , The New York Times; A Long-Held Secret Is Now Public. Will It Alter Cormac McCarthy’s Legacy?

"Several scholars also raised questions about the extensive excerpts from McCarthy’s letters to Britt, and noted that while Britt owns the physical letters, McCarthy’s words, even in letters to others, are the intellectual property of his literary estate. Attempts to reach a representative of McCarthy’s literary estate were not successful, but a person with knowledge of the estate’s practices who was not authorized to speak on the record said that the estate did not grant permission for McCarthy’s letters to be reproduced."

Friday, October 18, 2024

Mass shooting survivors turn to an unlikely place for justice – copyright law; The Guardian, October 18, 2024

 , The Guardian; Mass shooting survivors turn to an unlikely place for justice – copyright law

"In a Nashville courtroom in early July, survivors of the 2023 Covenant school shooting celebrated an unusual legal victory. Citing copyrightlaw, Judge l’Ashea Myles ruled that the assailant’s writings and other creative property could not be released to the public.

After months of hearings, the decision came down against conservative lawmakers, journalists and advocates who had sued for access to the writings, claiming officials had no right to keep them from the public. But since parents of the assailant – who killed six people at the private Christian elementary school, including three nine-year-old children – signed legal ownership of the shooter’s journals over to the families of surviving students last year, Myles said releasing the materials would violate the federal Copyright Act...

Keeping a shooter’s name or creative property – such as a manifesto or recording – out of the public eye does more than protect the emotional wellbeing of those impacted, experts say. It also helps to prevent future massacres.

That such material can serve as inspiration has been widely documented, explains Rachel Carroll Rivas of the Southern Poverty Law Center’s Intelligence Project. “Those videos just have an inherent dangerous factor, and they really shouldn’t be allowed to spread across the internet,” she said.

The danger stems from the fact that shooters, research has shown, often desire attention, recognition and notoriety."

Tuesday, October 8, 2024

AI Put on Trial in ‘Life or Death’ Police Tech Clashes; Bloomberg Law, October 4, 2024

 Alex Ebert, Bloomberg Law; AI Put on Trial in ‘Life or Death’ Police Tech Clashes

"Lawyers across the country who believe their clients have been wrongly implicated by a new technology are forced to wage individual battles against companies keen to keep their intellectual property under wraps...

Business sends “law firms into criminal courtrooms and they’re telling us, ‘My R&D to develop this for three years is more important and precious than the liberty your client is losing,’” said Cynthia Conti-Cook.

Conti-Cook, the director of research and policy at the Surveillance Resistance Lab, is part of a nationwide network of defense lawyers, academics, technologists, and policy strategists who share data, briefs, and tactics in an effort to push back against legal tech in court. Sometimes just getting access to this data can be enough of a bargaining chip for defense lawyers to get strong plea offers from prosecutors.

“When they sent their white shoe law firms into court to say ‘trade secret,’” she said, “our attorneys weren’t ready to say, ‘No, it’s not,’ and the judges weren’t ready to say, ‘No, it’s not.”

That’s starting to change."

Thursday, September 5, 2024

Intellectual property and data privacy: the hidden risks of AI; Nature, September 4, 2024

 Amanda Heidt , Nature; Intellectual property and data privacy: the hidden risks of AI

"Timothée Poisot, a computational ecologist at the University of Montreal in Canada, has made a successful career out of studying the world’s biodiversity. A guiding principle for his research is that it must be useful, Poisot says, as he hopes it will be later this year, when it joins other work being considered at the 16th Conference of the Parties (COP16) to the United Nations Convention on Biological Diversity in Cali, Colombia. “Every piece of science we produce that is looked at by policymakers and stakeholders is both exciting and a little terrifying, since there are real stakes to it,” he says.

But Poisot worries that artificial intelligence (AI) will interfere with the relationship between science and policy in the future. Chatbots such as Microsoft’s Bing, Google’s Gemini and ChatGPT, made by tech firm OpenAI in San Francisco, California, were trained using a corpus of data scraped from the Internet — which probably includes Poisot’s work. But because chatbots don’t often cite the original content in their outputs, authors are stripped of the ability to understand how their work is used and to check the credibility of the AI’s statements. It seems, Poisot says, that unvetted claims produced by chatbots are likely to make their way into consequential meetings such as COP16, where they risk drowning out solid science.

“There’s an expectation that the research and synthesis is being done transparently, but if we start outsourcing those processes to an AI, there’s no way to know who did what and where the information is coming from and who should be credited,” he says...

The technology underlying genAI, which was first developed at public institutions in the 1960s, has now been taken over by private companies, which usually have no incentive to prioritize transparency or open access. As a result, the inner mechanics of genAI chatbots are almost always a black box — a series of algorithms that aren’t fully understood, even by their creators — and attribution of sources is often scrubbed from the output. This makes it nearly impossible to know exactly what has gone into a model’s answer to a prompt. Organizations such as OpenAI have so far asked users to ensure that outputs used in other work do not violate laws, including intellectual-property and copyright regulations, or divulge sensitive information, such as a person’s location, gender, age, ethnicity or contact information. Studies have shown that genAI tools might do both1,2."