How do virtual hearings affect people on the wrong side of the digital divide?; ABA Journal, December 14, 2023

 MATT REYNOLDS, ABA Journal; How do virtual hearings affect people on the wrong side of the digital divide?

"States including Alaska, Arizona, Florida, Illinois, Minnesota, Maryland, Michigan, North Carolina and Texas have adopted standards for virtual hearings...

Proponents of virtual hearings say they can make people’s lives easier. Working parents can attend hearings from the comfort of their homes rather than drive miles to the courthouse and don’t have to take valuable time away from work or their kids.

Nevertheless, while that flexibility may look good on paper, some access-to-justice advocates believe an over-reliance on remote hearings could hurt the technological have-nots, particularly in communities lacking high-speed internet or those without broadband infrastructure.

In 2021, the Federal Communications Commission found that about 14.5 million Americans lacked broadband internet, which it defines as having download speeds of 25 megabits per second, or Mbps, and upload speeds of 3 Mbps. A 2021 Microsoft study put the number closer to 120.4 million people, or one-third of the U.S. population."

Court clerk Becky Hill admits plagiarizing part of Murdaugh trial book from BBC reporter; The Post and Courier, December 26, 2023

Thad Moore and Glenn Smith , The Post and Courier; Court clerk Becky Hill admits plagiarizing part of Murdaugh trial book from BBC reporter

"Colleton County Clerk of Court Rebecca Hill admitted plagiarizing the opening section of her book on the Alex Murdaugh double-murder trial after her co-author suspended sales and vowed never to work with her again.

In a Dec. 26 statement, Hill’s lawyers said she lifted much of the book’s preface from a BBC reporter’s work, saying she was under pressure because of tight deadlines for the self-published book. Attorneys Justin Bamberg and Will Lewis said Hill was “deeply remorseful” for her “unfortunate lapse in judgment.”

The plagiarized passages were unearthed by Hill’s co-author, Neil Gordon, after messages from Hill’s government email account were made public earlier in December. The plagiarism scandal deepens the troubles facing the embattled clerk, who already was accused of ethics violations and jury tampering during the Murdaugh trial."

The “Trolley Problem” Doesn’t Work for Self-Driving Cars The most famous thought experiment in ethics needs a rethink; IEEE Spectrum, December 12, 2023

SARAH WELLS, IEEE Spectrum ; The “Trolley Problem” Doesn’t Work for Self-Driving Cars  The most famous thought experiment in ethics needs a rethink

"“The trolley paradigm was useful to increase awareness of the importance of ethics for AV decision-making, but it is a misleading framework to address the problem,” says Dubljević, a professor of philosophy and science, technology and society at North Carolina State University. “The outcomes of each vehicle trajectory are far from being certain like the two options in the trolley dilemma [and] unlike the trolley dilemma, which describes an immediate choice, decision-making in AVs has to be programmed in advance.”...

“The goal is to create a decision-making system that avoids human biases and limitations due to reaction time, social background, and cognitive laziness, while at the same time aligning with human common sense and moral intuition,” says Dubljević. “For this purpose, it’s crucial to study human moral intuition by creating optimal conditions for people to judge.”"

Des Moines library's first social worker is helping make it a center of community resources; Des Moines Register, December

F. Amanda Tugade, Des Moines Register; Des Moines library's first social worker is helping make it a center of community resources

De resources

"Allee is one of the dozens of patrons who have found refuge in Lippert at the library, which sits just blocks away from Central Iowa Shelter and Services, the city's largest emergency shelter. Lippert joined the staff in late August, part of an effort to expand the library's role as a center of community resources, helping connect people to agencies across the city and metro area...

Sue Woody, the library's director, said she and other librarians have seen the needs of their patrons go beyond book titles and literacy issues. Visitors want referrals for housing, mental health and substance abuse programs — services that exceed her librarians' expertise.

"We are not social workers," Woody said. "We don't have doctorates and master's in social work and social sciences."...

Even Lippert said she didn't know libraries had social workers until she came across Central Library's job post. But the more she thought about it, the more the post reminded her of social work's true mission."

Book bans are harming LGBTQ people, advocates say. This online library is fighting back.; CNN, December 16, 2023

Elizabeth Wolfe, CNN; Book bans are harming LGBTQ people, advocates say. This online library is fighting back.

"The Queer Liberation Library (QLL, pronounced “quill”) is entirely online. Since launching in October, more than 2,300 members have signed up to browse its free collection of hundreds of ebooks and audiobooks featuring LGBTQ stories, Lundstrom said.

After becoming increasingly alarmed at efforts to censor LGBTQ stories in the nation’s public schools, Kieran Hickey, the library’s founder and executive director, said they set out to create a haven for queer literature that can be accessed from anywhere in the country.

“Queer people have so many barriers to access queer literature – social, economic, and political,” Hickey said. “(For) anybody who’s on a journey of self-discovery in their sexual orientation or gender identity, finding information and going to queer spaces can be incredibly daunting. So, this is a resource that anybody in the United States can have no matter where they live.”

Until recent years, books featuring LGBTQ stories made up a small percentage of titles challenged in schools and public libraries in the US.

Between 2010 and 2019, just about 9% of unique titles challenged in libraries contained LGBTQ themes, according to data from the American Library Association, which tracks and opposes book censorship.

But books featuring the voices and experiences of LGBTQ people now make up an overwhelming proportion of books targeted for censorship – part of a broader, conservative-led movement that is limiting the rights and representation of LGBTQ Americans."

In Missouri, years of efforts to ban books take a toll on school librarians: 'It's too painful'; St. Louis Public Radio , NPR, December 26, 2023

St. Louis Public Radio , NPR; In Missouri, years of efforts to ban books take a toll on school librarians: 'It's too painful'

"Maestas decided to speak out at a recent school board meeting for the first time against the proposed revisions. She is especially worried about the removal of diversity requirements.

“We have to have diversity in our libraries,” Maestas said. “We have to. All people have the right to be recognized or appreciated, to see themselves in the collection. And students have the right and the privilege of being able to step into the shoes of someone unlike themselves, to experience their life through 300 pages.”

The school board has indefinitely tabled the policy change.

Looking back at the past two years, Maestas doesn’t know what is behind the focus on libraries, but she thinks it is part of a broader attack on truth, public education and even democracy.

“Libraries are at the heart of our democracy,” Maestas said. “People have those First Amendment rights to learn what they want to learn, to hear what they want to hear, to say what they want to say. When you can attack those First Amendment rights and you can remove the sources of valid information and valid education from everyone, then you have the power.”"

Column: Mickey Mouse and ‘Lady Chatterley’s Lover’ enter the public domain on Jan. 1, a reminder of our crazy copyright laws; Los Angeles Times, December 26, 2023

MICHAEL HILTZIK, Los Angeles Times ; Column: Mickey Mouse and ‘Lady Chatterley’s Lover’ enter the public domain on Jan. 1, a reminder of our crazy copyright laws

"Once a work enters the public domain, Jenkins says, “community theaters can screen the films. Youth orchestras can perform the music publicly, without paying licensing fees. Online repositories such as the Internet Archive, HathiTrust, Google Books, and the New York Public Library can make works fully available online. This helps enable access to cultural materials that might otherwise be lost to history. ... Anyone can rescue them from obscurity and make them available, where we can all discover, enjoy, and breathe new life into them.”

In some cases, extended copyright seems to work against the public interest. Consider the stringent control exercised by the estate of the Rev. Martin Luther King Jr. — mostly his children — over his speeches and writings such as the “I Have a Dream” speech he delivered in Washington, D.C., on Aug. 28, 1963...

The irony of the term extension is that Disney, which pushed so hard to keep its own creations out of the public domain, is perhaps our most assiduous exploiter of, yes, the public domain.

The core material of some of its most successful and profitable movies comes from Hans Christian Andersen, Shakespeare, Lewis Carroll and Charles Perrault — often freely reimagined and rewritten by Disney artists and writers. 

Disney’s “Fantasia” mined musical history for compositions by Bach and Beethoven, but if the copyright terms Disney pushed for in 1998 were in place when the film was made in 1940, the compositions used in the film by Stravinsky, Ponchielli, Dukas, Tchaikovsky and Mussorgsky would still be under copyright protection. If Disney had to pay licensing fees to those creators, the film probably could not have been made."

Whose “It’s a Wonderful Life” Is It Anyway?; The Nation, December 25, 2023

  RAY NOWOSIELSKI and DAVID CASSIDY, The Nation; Whose “It’s a Wonderful Life” Is It Anyway?

"The broad outlines of the Wonderful Life copyright story have been known for decades, though the details have remained murky until now. It goes something like this: The movie underperformed at the box office in 1947 and was largely forgotten—until a copyright renewal “whoops” in 1974 saw the movie seemingly fall into the public domain. Local television stations began playing the free content, only to discover a strangely receptive audience among Americans of the early 1980s—when the film become a cultural behemoth. Then, somehow, Republic Pictures found a way to reclaim the rights and make a TV deal with NBC, where it has aired ever since...

The ironic parallels to the story in the movie are hard to ignore. All-time American movie villain Henry F. Potter’s great vice is not being a banker or a business man or a capitalist—it’s his urge towards monopoly.

“He’s already got charge of the bank,” explains George Bailey to his community during the famous “bank run” scene. “He’s got the bus line. He’s got the department stores. And now he’s after us. Why? Well, it’s very simple. Because we’re cutting in on his business, that’s why. And because he wants to keep you living in his slums and paying the kind of rent he decides.”

The full story of Wonderful Life’s journey is detailed in our new podcast George Bailey Was Never Born. Merry Christmas!"

New Yorker Article Seems to Misdescribe S. Ct.'s Decision on School Library Book Removal; Reason, December 23, 2023

EUGENE VOLOKH , Reason; New Yorker Article Seems to Misdescribe S. Ct.'s Decision on School Library Book Removal

"The article claims that a prohibition on viewpoint-based removals of school library books is "settled law" announced by a "majority opinion." But that's not so...

The matter, then, is not clear. Lower courts may indeed themselves decide that viewpoint-based removals of books from school libraries violate the First Amendment, and they may find Justice Brennan's opinion to be persuasive. And schools may reasonably worry that this might happen, and might conclude that it's better to avoid that litigation. But courts and schools may instead conclude otherwise, and be more persuaded by Chief Justice Burger's dissent.

My own view is more in line with the dissent: I think a public school is entitled to decide which viewpoints to promote through its own library; school authorities can decide that their library will be a place where they provide books they recommend as particularly interesting/useful/enlightening/etc. The process of selecting library books is part of the government's own judgment about what views it wishes to promote; and the ability to reconsider selection decisions (including in response to pressure from the public, which is to say from the ultimate governors of the public schools) should go with the ability to make those decisions in the first place. To be sure, some such decisions may be foolish or narrow-minded, but they're not unconstitutional."

AI cannot patent inventions, UK Supreme Court confirms; BBC, December 20, 2023

 BBC ; AI cannot patent inventions, UK Supreme Court confirms

"The UK Supreme Court has upheld earlier decisions in rejecting a bid to allow an artificial intelligence to be named as an inventor in a patent application.

Technologist Dr Stephen Thaler had sought to have his AI, called Dabus, recognised as the inventor of a food container and a flashing light beacon."

Mickey Mouse, Long a Symbol in Copyright Wars, to Enter Public Domain: ‘It’s Finally Happening’; Variety, December 22, 2023

Gene Maddaus, Variety; Mickey Mouse, Long a Symbol in Copyright Wars, to Enter Public Domain: ‘It’s Finally Happening’

"Every Jan. 1, Jenkins celebrates Public Domain Day, publishing a long list of works that are now free for artists to remix and reimagine. This year’s list includes Tigger, who, like Mickey Mouse, made his first appearance in 1928. Other 1928 works include “Lady Chatterley’s Lover,” “All Quiet on the Western Front” and Buster Keaton’s “The Cameraman.” 

The celebrations are relatively recent. After Congress extended copyright terms in 1998, 20 years went by when nothing entered the public domain. Works began to lose copyright protection again in 2019, and since then, it’s been open season on “The Great Gatsby,” “Rhapsody in Blue” and Winnie the Pooh...

Lessig fought the extension all the way to the Supreme Court. He argued that Congress might keep granting extensions, thwarting the constitutional mandate that copyrights be “for limited times.” He lost, 7-2, but the debate helped advance the movement for Creative Commons and an appreciation for the benefits of “remix culture.”

“That movement awoke people to the essential need for balance in this,” Lessig said. “At the beginning of this fight, it was a simple battle between the pirates and the property owners. And by the end of that period, people recognized that there’s a much wider range of interests that were involved here, like education and access to knowledge.”...

He continues to support reforms that would free up a vast body of cultural output that remains inaccessible because it lacks commercial value and its ownership cannot be determined."

Opinion: Harvard’s Claudine Gay should resign; The Washington Post, December 23, 2023

Ruth Marcus , The Washington Post; Opinion: Harvard’s Claudine Gay should resign

"Perhaps the most disturbing example is the least academic — Gay’s borrowing of words from another scholar, Jennifer L. Hochschild. In her acknowledgments for a 1996 book, Hochschild described a mentor who “showed me the importance of getting the data right and of following where they lead without fear or favor” and “drove me much harder than I sometimes wanted to be driven.”

Gay’s dissertation thanked her thesis adviser, who “reminded me of the importance of getting the data right and following where they lead without fear or favor,” and her family, “drove me harder than I sometimes wanted to be driven.”

Now, can I just say? Acknowledgments are the easiest, and most fun part, of writing a book, the place where you list your sources and allies and all the people who helped you get the manuscript over the finish line. Why not come up with your own thanks? What does it say about a person who chooses to appropriate another’s language for this most personal task."

Someone complained about a book in a Great Barrington classroom. Then the police showed up; The Berkshire Eagle, December 15, 2023

Heather Bellow, The Berkshire Eagle; Someone complained about a book in a Great Barrington classroom. Then the police showed up

"What baffles and disturbs educators, parents and librarians is that a police officer was allowed into a school to investigate a book. It is also that the teacher was not alerted beforehand.

One librarian said it harkens to something dark.

“It brings you back to 1930s Germany, when law enforcement was behind censorship,” said Wendy Pearson, director of the Stockbridge Library, which has Kobabe’s novel on its shelves.

The teacher whose classroom was searched pointed also to the absurdity of it.

“I will never condone book-banning,” she wrote in another social media post about the incident. “Respect for parental and educational guidance? Absolutely! But a police officer should never, ever search classrooms for award-winning literature to remove. Period.”"

Recent cases raise questions about the ethics of using AI in the legal system; NPR, December 15, 2023

 Steve Inskeep, NPR; Recent cases raise questions about the ethics of using AI in the legal system

"NPR's Steve Inskeep asks the director of the Private Law Clinic at Yale University, Andrew Miller, about the ethics of using artificial intelligence in the legal system...

INSKEEP: To what extent does someone have to think about what a large language model produces? I'm thinking about the way that we as consumers are continually given these terms of service that we're supposedly going to read and click I accept, and of course we glance at it and click I accept. You have to do something more than that as a lawyer, don't you?

MILLER: You're exactly right. A professor colleague said to me, you know, when a doctor uses an MRI machine, the doctor doesn't necessarily know every technical detail of the MRI machine, right? And my response was, well, that's true, but the doctor knows enough about how the MRI works to have a sense of the sorts of things that would be picked up on an MRI, the sorts of things that wouldn't be picked up. With ChatGPT we don't have - at least not yet - particularly well developed understanding of how our inputs relate to the outputs."

TikTok moderators struggling to assess Israel-Gaza content, Guardian told; The Guardian, December 20, 2023

 Hibaq Farah, The Guardian; TikTok moderators struggling to assess Israel-Gaza content, Guardian told

"TikTok moderators have struggled to assess content related to the Israel-Gaza conflict because the platform removed an internal tool for flagging videos in a foreign language, the Guardian has been told.

The change has meant moderators in Europe cannot flag that they do not understand foreign-language videos, for example, in Arabic and Hebrew, which are understood to be appearing more frequently in video queues."

New Federal Rules Aim to Speed Repatriations of Native Remains and Burial Items; ProPublica, December 8, 2023

Mary Hudetz, ProPublica; New Federal Rules Aim to Speed Repatriations of Native Remains and Burial Items

"The Biden administration has revised the rules that institutions and government agencies must follow to comply with the Native American Graves Protection and Repatriation Act — a law long hampered by limited funding and the unwillingness of many museums to relinquish Indigenous remains and burial items.

Interior Secretary Deb Haaland, the first Native American to hold a U.S. cabinet position, said Wednesday that the regulations will “strengthen the authority and role of Indigenous communities in the repatriation process” by requiring institutions to defer more to tribes’ knowledge of their regions and histories in their decision-making about repatriations.

Thirty-three years ago, Congress passed NAGPRA to prevent grave looting and push museums to return human remains and items excavated from Native American gravesites to tribes. But the promise of repatriation that many tribal nations once saw in the law has not been fully realized, with federal data showing institutions continue to store about half of the 200,000 ancestral remains they reported holding following passage of the 1990 law.

This year, ProPublica’s Repatriation Project investigative series revealed that archaeologists and scientists at some of the nation’s top universities and museums have exploited loopholes in NAGPRA to delay or resist turning over holdings reported under the law."

'Real MVP': A professor gives a shout out to the student who nods along in class; NPR, December 18, 2023

 Autumn Barnes, Kristin Wong, NPR; 'Real MVP': A professor gives a shout out to the student who nods along in class

"The moment also gave her an idea about how she could pass the kindness along. 

"We sit in meetings for work all the time. We can now think about what little gestures like nodding may mean to someone presenting material to us," Middlewood said...

Later that semester, Middlewood thanked her unsung hero in a tweet by saying, "To the student in my Monday morning class, who nods as I talk, please know that you are the backbone of this class. You're the one keeping us going. Real MVP.""

AI could threaten creators — but only if humans let it; The Washington Post, December 17, 2023

 Editorial Board, The Washington Post; AI could threaten creators — but only if humans let it

"A broader rethinking of copyright, perhaps inspired by what some AI companies are already doing, could ensure that human creators get some recompense when AI consumes their work, processes it and produces new material based on it in a manner current law doesn’t contemplate. But such a shift shouldn’t be so punishing that the AI industry has no room to grow. That way, these tools, in concert with human creators, can push the progress of science and useful arts far beyond what the Framers could have imagined."

Marvel Settles Fight Over Spider-Man, Doctor Strange Rights; The Hollywood Reporter, December 8, 2023

Ashley Cullins, The Hollywood Reporter; Marvel Settles Fight Over Spider-Man, Doctor Strange Rights

"It looks like Marvel won’t be bringing its battle over the rights to Spider-Man and Doctor Strange into the new year. Attorneys for the company and the estate of Steve Ditko on Wednesday notified the court that they’ve reached an amicable settlement and expect a stipulation of dismissal with prejudice to be filed in the coming weeks.

This all started back in 2021, when Marvel filed a series of lawsuits in response to copyright termination notices from Larry Lieber and the estates of Gene Colan, Steve Ditko, Don Heck and Don Rico. A very long list of characters were at issue, including Iron Man, Captain America, Black Widow, Hulk and Thor. In June, all but one of the matters settled."

Copyright Board Upholds Latest Refusal to Register AI Generated Art; The Fashion Law (TFL), December 12, 2023

 TFL ; Copyright Board Upholds Latest Refusal to Register AI Generated Art

"The Office primarily refused to register the work on the basis that it “lacks the human authorship necessary to support a copyright claim.” Specifically, the Office stated that despite Sahni’s claim that the work includes some human creative input, the work is not registrable, as “this human authorship cannot be distinguished or separated from the final work produced by the computer program.” 

Following an initial request for reconsideration, in which Sahni argued that “the human authorship requirement does not and cannot mean a work must be created entirely by a human author,” the Copyright Office again concluded that the work could not be registered, as it “is a derivative work that does not contain enough original human authorship to support a registration.” The Office found that “the new aspects of the [SURYAST] work were generated by ‘the RAGHAV app, and not Mr. Sahni – or any other human author,'” making it so that the “derivative authorship was not the result of human creativity or authorship” and therefore, not registrable."

Marybeth Peters: Renaissance Woman of Copyright; New York City Bar Association Podcasts, December 13, 2023

 New York City Bar Association Podcasts; Marybeth Peters: Renaissance Woman of Copyright

"Lawyer. Leader. Public Servant. Trailblazer. Friend.

Marybeth Peters, the second-longest serving Register of Copyrights (1994 - 2010), died on September 29, 2022, in Washington, D.C., at the age of 83. With her passing, Register Peters left behind a lasting and far-reaching legacy in her storied 40-plus year career as a distinguished attorney, respected copyright law expert, and the director of the U.S. Copyright Office, where she helped shape and implement critical new laws, including the 1998 Digital Millennium Copyright Act, the Sonny Bono Copyright Term Extension Act, and the Uruguay Round Agreements Act among others. In addition, Register Peters was remembered as a mentor, teacher, and friend who touched the lives of everyone around her with grace and her unforgettable laugh.

Presented by the New York City Bar Copyright and Literary Property Committee, committee member Theodora Fleurant, a trademark attorney based in New York City, and Jose Landivar, an Associate at Coates IP, lead an unforgettable series of conversations with some of the people closest to Register Peters to look back on her life and legacy, including:

•	Shira Perlmutter, the current Register of Copyrights and Director of the U.S. Copyright Office
•	Maria Pallante, President and CEO of the Association of American Publishers who formerly served as the 12th Register of Copyrights
•	Richard Dannay, Counsel at Cowan, Liebowitz & Latman, P.C.
•	Eric Schwartz, Partner at Mitchell Silberberg & Knupp LLP, and former Acting General Counsel and Senior Legal Advisor to the Register of Copyrights
•	David Carson, current Copyright Office Claims Officer who, formerly served as head of the Copyright Policy Team in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office and as General Counsel of the U.S. Copyright Office

This podcast paints a fascinating portrait of a leading U.S. and international copyright law expert. It seeks to inspire listeners with lessons in leadership, courage, innovation, and dedicated public service.

This podcast would not have been possible without the support of the U.S. Copyright Office (https://www.copyright.gov/) and audio provided by the Copyright Clearance Center.

Photo: Courtesy of the U.S. Copyright Office.

Access a transcript of this episode here: https://bityl.co/MvSf"

Big Tech funds the very people who are supposed to hold it accountable; The Washington Post, December 7, 2023

Joseph Menn

 and 

Naomi Nix

, The Washington Post; Big Tech funds the very people who are supposed to hold it accountable

"“Big Tech has played this game really successfully in the past decade,” said Lawrence Lessig, a Harvard Law School professor who previously founded Stanford’s Center for Internet and Society without raising money outside the university. “The number of academics who have been paid by Facebook alone is extraordinary.”

Most tech-focused academics say their work is not influenced by the companies, and the journals that publish their studies have ethics rules designed to ward off egregious interference. But in interviews, two dozen professors said that by controlling funding and access to data, tech companies wield “soft power,” slowing down research, sparking tension between academics and their institutions, and shifting the fields’ targets in small — but potentially transformative — ways...

Harvard’s Lessig, who spent years heading a center on ethics issues in society at the university, is developing a system for academics to verify that their research is truly independent. He hopes to present the initiative, the Academic Integrity Project, to the American Academy of Arts and Sciences.

He is still looking for funding."

Senator to Pope Francis: Not so fast on AI; Politico, December 14, 2023

MATT BERG, Politico; Senator to Pope Francis: Not so fast on AI

"Congress hasn’t done enough work on artificial intelligence regulation in the U.S. to join Pope Francis’ proposal for a global treaty to regulate the technology, Sen. Mark Warner told POLITICO. On Thursday, Francis called for a binding treaty that would ensure artificial intelligence is developed and used ethically. He said in a statement that the risks of technology lacking human values of compassion, mercy, morality and forgiveness are too great — and that failing to regulate it could “pose a risk to our survival.”

Pope, once a victim of AI-generated imagery, calls for treaty to regulate artificial intelligence; AP, December 14, 2023

NICOLE WINFIELD, AP ; Pope, once a victim of AI-generated imagery, calls for treaty to regulate artificial intelligence

"On a more basic level, he warned about the profound repercussions on humanity of automated systems that rank citizens or categorize them. In addition to the threats to jobs around the world that can be done by robots, Francis noted that such technology could determine the reliability of an applicant for a mortgage, the right of a migrant to receive political asylum or the chance of reoffending by someone previously convicted of a crime.

“Algorithms must not be allowed to determine how we understand human rights, to set aside the essential human values of compassion, mercy and forgiveness, or to eliminate the possibility of an individual changing and leaving his or her past behind,” he wrote."

There's a big catch in the EU's landmark new AI law; Axios, December 11, 2023

Ryan Heath , Axios; There's a big catch in the EU's landmark new AI law

"The European Union's comprehensive AI regulations, finalized Friday after a 36-hour negotiating marathon, come with a catch: The EU is stuck in a legal void until 2025, when the rules come into force."

Teaching kids to spot fake news: media literacy to be required in California schools; The Guardian, December 5, 2023

Robin Buller, The Guardian ; Teaching kids to spot fake news: media literacy to be required in California schools

"California next year will become one of the few US states to teach students media literacy, a move experts say is imperative at a time when distrust in the media is at an all-time high and new technologies pose unprecedented challenges to identifying false information.

A state bill signed into law this fall mandates public schools to instruct media literacy, a set of skills that includes recognizing falsified data, identifying fake news and generating responsible internet content.

Researchers have long warned that the current digital ecosystem has had dire consequences on young people, and have argued that such instruction could make a difference. The US surgeon general has cited digital and media literacy support as one way to combat the youth mental health crisis spurred by social media. The American Psychological Association already has urged parents and schools to teach media literacy before they expose young people to social media platforms."

Beijing Internet Court Recognizes Copyright in AI-Generated Images; The National Law Review, November 29, 2023

Aaron Wininger of Schwegman, Lundberg & Woessner, P.A., The National Law Review; Beijing Internet Court Recognizes Copyright in AI-Generated Images

"On November 27, 2023 the Beijing Internet Court issued a decision recognizing copyright in AI-generated images. The plaintiff, Mr. Li, used Stable Diffusion (an artificial intelligence) to generate the image involved in the case and published it on the Xiaohongshu platform; the defendant, a blogger on Baijiahao, used the image generated by the plaintiff’s AI to accompany the article, and the plaintiff sued. The Court held that the artificial intelligence-generated image involved in the case met the requirements of “originality” and reflected a human’s original intellectual investment and should be recognized as works and protected by copyright law. This is the opposite of the decision reached by the U.S. Copyright Office in Zarya of the Dawn (Registration # VAu001480196) that did not recognize copyright in AI-generated images. Note this Beijing case is also different from the recent Thaler v. Perlmutter decision (Civil Action No. 22-1564 (BAH)) because Thaler was trying to recognize the AI as the author and not the person using the AI as a tool as author."

Unmasking AI's Racism And Sexism; NPR, Fresh Air, November 28, 2023

 NPR, Fresh Air; Unmasking AI's Racism And Sexism

"Computer scientist and AI expert Joy Buolamwini warns that facial recognition technology is riddled with the biases of its creators. She is the author of Unmasking AI and founder of the Algorithmic Justice League. She coined the term "coded gaze," a cousin to the "white gaze" or "male gaze." She says, "This is ... about who has the power to shape technology and whose preferences and priorities are baked in — as well as also, sometimes, whose prejudices are baked in.""

Sports Illustrated Published Articles by Fake, AI-Generated Writers; Futurism, November 2023

MAGGIE HARRISON, Futurism; Sports Illustrated Published Articles by Fake, AI-Generated Writers

"After we reached out with questions to the magazine's publisher, The Arena Group, all the AI-generated authors disappeared from Sports Illustrated's site without explanation.

Initially, our questions received no response. But after we published this story, an Arena Group spokesperson provided the following statement that blamed a contractor for the content..."

Copyright law will shape how we use generative AI; Axios, December 1, 2023

 Megan Morrone, Axios; Copyright law will shape how we use generative AI

"In the year since the release of ChatGPT, generative AI has been moving fast and breaking things — and copyright law is only beginning to catch up. 

Why it matters: From Section 230 to the Digital Millennium Copyright Act (DMCA) to domain name squatting protections, intellectual property law has shaped the internet for three decades. Now, it will shape the way we use generative AI.

Driving the news: The Biden administration's recent executive order contained no initial guidance on copyright law and AI, which means these decisions will largely be left up to the courts."

FAU, NAI OFFER STUDENTS INTELLECTUAL PROPERTY CERTIFICATE; Florida Atlantic University (FAU), November 8, 2023

Florida Atlantic University (FAU); FAU, NAI OFFER STUDENTS INTELLECTUAL PROPERTY CERTIFICATE

"Florida Atlantic University’s College of Engineering and Computer Science and the National Academy of Inventors® (NAI) have announced the expansion of an intellectual property certificate for all undergraduate and graduate engineering students at FAU. The certificate program was launched this spring for senior engineering students at FAU, and to date, more than 700 have graduated with the certificate.

Intellectual property refers to creations of the mind such as scientific inventions and creative works, with rights awarded to the inventor or author via patents, copyrights and trademarks.

Beginning this fall, the intellectual property certificate program was integrated into the freshman curriculum as well as the graduate curriculum in the College of Engineering and Computer Science. Approximately 470 undergraduate and 180 graduate students at FAU enrolled in the program in the fall. The intellectual property certificate was developed by the NAI and adapted by the College of Engineering and Computer Science. Through this certificate program, students will gain a broad understanding of intellectual property, and is expected to spur innovation and entrepreneurship at FAU.

“There is nothing more powerful or valuable than a great idea coming to fruition,” said Hari Kalva, Ph.D., chair and a professor in FAU’s Department of Electrical Engineering and Computer Science, who was elected to the rank of NAI Fellow last year. “However, intellectual property is often not well understood or appreciated. This innovative approach to integrate the National Academy of Inventors’ certificate program in our curriculum will foster intellectual property literacy among our students, which is critical to their profession.”

Kalva is a named inventor on more than 25 standard essential patents used in virtually all video distribution and streaming products and services.

The NAI partnered with the Michelson Institute for Intellectual Property (Michelson 20MM Foundation) on this new opportunity for aspiring inventors, innovators and entrepreneurs. The intellectual property course was developed by the Michelson Institute and teaches critical knowledge about America’s intellectual property system and how it works. By completing the course, FAU engineering students will acquire a foundation for a successful career in the most quintessential American tradition – innovation.

“We are excited to join forces with FAU’s College of Engineering and Computer Science to provide this critical intellectual property certificate program to all of their students to help take their creative minds to the next level of innovation,” said Jamie Renee, executive director of the NAI. “Intellectual property protection is imperative in the field of engineering and to prepare graduates as they design and develop products to solve real-world problems.” 

Students in the College of Engineering and Computer Science can take the course online at their own pace, which consists of 12 video modules and 38 lessons, each with a refresher quiz.

“Intellectual property is a key asset in many organizations today and employees who understand intellectual property are invaluable to companies and many other institutions,” said Stella Batalama, Ph.D., dean, FAU College of Engineering and Computer Science. “Undergraduate students are not usually offered courses on intellectual property to any great depth, with the exception of those who study law. This innovative certificate program offered by the National Academy of Inventors will provide our students with the tools they need to be successful engineers and inventors for decades to come.” 

After completing the course, FAU students take a final exam. Upon successful completion, they receive an “Innovation Development Certificate” from the NAI.

“To be successful in their careers, engineering students need to hone their intellectual property skills and realize the incredible potential of their ideas and inventions,” said Paul R. Sanberg, FNAI, Ph.D., president and founder of the NAI, whose distinguished career has been instrumental in translating new pharmaceutical and cellular therapeutics to clinical trials and commercialization for Tourette syndrome, stroke, ALS, and Alzheimer’s, Parkinson’s and Huntington’s disease. “Ideas are like property and need to be protected. Students at Florida Atlantic University who participate in the certificate program will learn about their rights as inventors and how to manage and ultimately monetize their work.”

The NAI is a member organization comprising universities from the United States and internationally as well as governmental and nonprofit research institutes, with more than 4,000 individual inventor members and Fellows spanning more than 250 institutions worldwide. Founded in 2010, the academy recognizes and encourages inventors with patents issued from the U.S. Patent and Trademark Office, enhances the visibility of academic technology and innovation, encourages the disclosure of intellectual property, educates and mentors innovative students, and translates the inventions of its members to benefit society.

“The College of Engineering and Computer Science’s leadership and experience delivering this new  curriculum will help us expand intellectual property education to the broader student body at FAU,” said Dana Vouglitois, associate director of technology development within FAU’s Division of Research. “Great partnerships with organizations like NAI help to make FAU’s goal of becoming a leading university for innovation and entrepreneurship a reality.""

The Supreme Court’s Self-Excusing Ethics Code; The New Yorker, November 21, 2023

Jeannie Suk Gersen , The New Yorker; The Supreme Court’s Self-Excusing Ethics Code

"Last week, the Supreme Court issued a first-ever code of conduct for Justices. It is not a set of rules designed to redress past ethical breaches and prevent future ones but rather a defense brief arguing that there have been no ethical breaches to redress and prevent."

Her Music Fell Into Obscurity. Now It’s Back at the Philharmonic.; The New York Times, November 20, 2023

 Garrett Schumann, The New York Times; Her Music Fell Into Obscurity. Now It’s Back at the Philharmonic.

"When Perry died, she had no children and only a few published works. Although scholars have identified about 100 of her manuscripts and scores, dozens cannot be performed or recorded because there is no established copyright holder. As Christopher Wilkins, the music director of the Akron Symphony, said, “all the work is protected; it just hasn’t been licensed, and can’t be until whoever controls it negotiates that.”

Wilkins first found Perry’s compositions in 2020, and marveled at what he saw. She, he said, “may be the most accomplished and celebrated composer ever to emerge from Akron.” He then asked the soprano and scholar Louise Toppin, who leads the African Diaspora Music Project, to help him explore Perry’s output and edit some of her manuscripts...

The Akron Symphony has also engaged a local lawyer to help resolve the copyright ambiguities that ensnare many of Perry’s compositions — a barrier to overcome for those interested in her music, beyond historical practices of exclusion among American institutions."

Roundtable discussion: Tribes, intellectual property, and consumer protection; United States Patent and Trademark Office (USPTO), November 30, 2023 9 AM EST - 5 PM EST

 United States Patent and Trademark Office (USPTO) ; Roundtable discussion: Tribes, intellectual property, and consumer protection

Join intellectual property (IP) experts, senior officials from the United States Patent and Trademark Office (USPTO) and other federal agencies, and Tribal representatives for an in-depth examination of consumer protection, the protection and enforcement of IP, and the impact of counterfeit goods on the economies of Native American communities.

Topics to be explored will include:

• The scope and impact of IP crime on Native Americans
• How to protect Native American arts and crafts
• State and tribal cooperation on consumer protection investigations
• International developments in the protection of traditional knowledge, cultural expressions, and genetic resources
• Strategies for raising public awareness and changing consumer behaviors

Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims; JD Supra, November 20, 2023

 Adam Philipp, AEON Law, JD Supra; Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims

"One of the plaintiffs’ theories of infringement was that the output images based on the Training Images are all infringing derivative works.

The court noted that to support that claim the output images would need to be substantially similar to the protected works. However, noted the court,

none of the Stable Diffusion output images provided in response to a particular Text Prompt is likely to be a close match for any specific image in the training data.

The plaintiffs argued that there was no need to show substantial similarity when there was direct proof of copying. The judge was skeptical of that argument.

This is just one of many AI-related cases making its way through the courts, and this is just a ruling on a motion rather than an appellate court decision. Nevertheless, this line of analysis will likely be cited in other cases now pending.

Also, this case shows the importance of artists registering their works with the Copyright Office before seeking to sue for infringement."