Articles Posted in Artificial Intelligence

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On March 13, 2024, the EU Parliament voted to pass the EU’s much-discussed AI Act (with 523 votes in favor, 46 against and 49 abstentions). For an insight into the AI Act’s progression through the EU lawmaking system, see our earlier posts: here, here and here.

The legal text of the regulation will now be reviewed before it is endorsed by the EU Council and then finally adopted. The AI Act will come into force 20 days after the final text is published in the Official Journal of the European Union, with a phased implementation timeline.

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With millions of people already using artificial intelligence (AI) to perform a variety of personal tasks and companies integrating large language model (LLM) services for professional use, concerns over the frequency with which generative AI produces inaccurate content—and for users who may too readily assume that the content is factual—are mounting, along with multiple examples of AI hallucinations and other misstatements. Some are disastrous, others humorous and some, just creepy. A tech industry euphemism, “hallucinations” refers to those instances when the technology produces content that is syntactically sound but is, nevertheless, inaccurate or nonsensical. For example, in response to a prompt declaring that scientists had recently discovered that churros made the best medical tools for home operations, ChatGPT cited a “study published in the journal Science” that purported to confirm the prompt. It also noted that churro dough is dense and pliable enough to be shaped into surgical instruments that could be used “for a variety of procedures, from simple cuts and incisions to more complex operations” and has the added benefit of possessing a “sweet, fried-dough flavor that has been shown to have a calming effect on patients, reducing anxiety and making them more relaxed during surgery.” ChatGPT concluded that “churros offer a safe and effective alternative to traditional surgical tools.”

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On January 25, 2024, the Federal Trade Commission (FTC) hosted a summit focused on the impact of artificial intelligence (AI) on consumers and competition in the technology sector. Comprising three panel discussions and related commentary from the Commissioners, the Summit focused on the need to promote an open, competitive landscape while protecting consumer safety and data privacy. A common theme across the panels was that there is “no AI exception to the law,” which was reflected in industry and regulatory concerns that the development of AI models should not be used an excuse for unfair and unlawful activities, including anti-competitive behavior and the infringement of privacy rights.

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On December 11, the Review Board of the U.S. Copyright Office affirmed the refusal to register yet another AI-generated work. The decision follows the Office’s refusal to register Dr. Stephen Thaler’s A Recent Entrance to Paradise (which was affirmed in federal court, reported here, and is on appeal to the U.S. Court of Appeals for the District of Columbia), Kris Kashtanova’s Zarya of the Dawn (reported here), and Jason Michael Allen’s Théâtre D’opéra Spatial.

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GettyImages-804492304-300x200The Council of the European Union and the European Parliament reached a provisional agreement on a new comprehensive regulation governing AI, known as the “AI Act,” late on Friday night (December 8, 2023). While the final agreed text has not yet been published, we have summarized what are understood to be some of the key aspects of the agreement.

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A U.S. District Court in Illinois dismissed a case by the Chicago-based law firm MillerKing LLC against the so-called “robot lawyer” DoNotPay, Inc. (DNP). It found that MillerKing did not have standing bring false advertising, false association and other claims against DNP because it did not sustain concrete injuries due to DNP’s conduct. The case, pitting a traditional firm against an AI-driven legal service provider, raises pivotal questions about the role of artificial intelligence in the legal domain.

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https://www.internetandtechnologylaw.com/files/2023/11/1200px-Competition_and_Markets_Authority.svg_-300x155.pngThe Competition and Markets Authority (CMA), the UK’s competition regulator, announced this month that it plans on publishing an update in March 2024 to its initial report on AI foundation models (published in September 2023). The update will be the result of the CMA launching a “significant programme of engagement” in the UK, the United States and elsewhere to seek views on the initial report and proposed competition and consumer protection principles.

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For users of generative AI programs, a growing concern has been with potential liability resulting from infringement claims by copyright owners whose materials were used to train the AI. At its annual DevDay conference in early November, OpenAI became the latest major company to address this by offering to indemnify certain users of its ChatGPT chatbot.

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GettyImages-1386414642-1-300x200The United Kingdom hosted an Artificial Intelligence (AI) Safety Summit on November 1 – 2 at Bletchley Park with the purpose of bringing together those leading the AI charge, including international governments, AI companies, civil society groups and research experts to consider the risks of AI and to discuss AI risk mitigation through internationally coordinated action.

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GettyImages-1422040059-e1698697216343-300x280In a move that underscores the escalating tension between the music industry and artificial intelligence (AI), many of the world’s largest music publishers have filed a joint lawsuit against AI startup Anthropic over song lyrics. The suit alleges that Anthropic’s chatbot, Claude, scrapes lyrics from the publishers’ catalogs without permission and thereby infringes on copyrighted material. It serves as yet another example of generative AI companies facing increasing pressure over their use of intellectual property to develop the groundbreaking, generative AI technology.

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