Panitch Schwarze Belisario & Nadel LLP’s Post

“At the level of the large language model, you already have a copyright issue that has not yet been resolved,” he says. The legal issues aren’t likely to go away anytime soon, adds Michael Word, an IP and IT-focused lawyer at the Dykema Gossett law firm." “We’re already seeing the ability to use AI in the background, essentially, to draft significant portions of code,” he says. “You have user interfaces that say, ‘I want my application to do this,’ you hit the button, and the code gets generated in the background.” "Without some review of the AI-generated code, organizations may be exposed to lawsuits, he adds. “There’s a lot of work that’s going on behind the scenes there, getting beyond maybe just those individual snippets of code that may be borrowed,” he says. “Is that getting all borrowed from one source; are there multiple sources? You can maybe sense that there’s something going on there.” “This means the AI might spit out code that’s identical to proprietary code from its training data, which is a huge risk,” Badeev adds. “The same goes for open-source stuff. A lot of open-source programs are meant for non-commercial use only. When an AI generates code, it doesn’t know how that code will be used, so you might end up accidentally violating license terms.” "While human-written code can also infringe on copyright or violate open-source licenses, the risk with AI-generated code is related to the data the AI is trained on, says Ilia Badeev, head of data science at Trevolution Group, a travel technology company. There’s a good chance many AI agents are trained on code protected by IP rights." "Beyond the possibility of AI coding agents copying lines of code, courts will have to decide whether AI vendors can use material protected by copyright — including some software code — to train their AI models, Gluck says."

On October 7th, our firm and co-counsel filed a Petition for Permission to Appeal in Doe v. Github, Inc. to address a critical question under the Digital Millennium Copyright Act. The case could have major implications for copyright holders and the future of AI. Learn more: https://bit.ly/3KLqeo7 Stay tuned for updates! #CopyrightLaw #AI #LegalNews #SaveriLawFirm

There is not a one-size-fits-all approach to effective policy and risk management as it relates to the use and ownership of AI, as there are many moving parts, such as which jurisdictions and laws would apply, the industry and company structure in question, and the operational and other legislative requirements at issue, to name a few. KISCH IP #AI #artificialintelligence #software #ip #intellectualproperty #ownership #copyright #computer #programme

Large Language Models (LLMs) have been and will continue to be the subject of numerous lawsuits - including some quite high-profile ones like the New York Times Company's suit against OpenAI. To understand the basis of these suits, you have to understand how these models how LLMs operate. Catherine Zaller Rowland delivers a great overview of the current legal landscape around LLMs, how they work, and how they can work without getting sued. Definitely worth a read. These programs will only become more mainstream and these suits will set important precedents going forward. #IPLaw #LLM #OpenAI

No doubt the GenAI world will continue to evolve while the legal landscape remains uncertain. In-house counsel must be agile and stay up to date on the latest developments to guide the enterprise through this uncertainty.  #netapp #netappcloud #netappinsight

There is a certain quality of the recent litigation against OpenAI by copyright holders such as The New York Times that reminds me of the SCO Linux litigation which I was once asked to contribute to: The technology community was rapidly moving the ball forward even as the litigants were still trying to make their arguments. In the case of SCO Linux, as the legal arguments were ongoing, computer scientists jumped well ahead to create technical solutions to establish the merits of claims of copyright infringement. Ultimately, the infringement claims advanced by plaintiffs were shown to be without merit, though even after the computer scientists more or less resolved those questions to their collective satisfaction, it took years for the triers of fact to come to the same conclusion. Similarly, the technology community has been advancing the ball on technical questions such as whether a given work was included in the training corpus for LLMs, which is addressed in this paper asking "Did you train on my dataset?" by Pratyush Maini et al.: https://lnkd.in/gh3K7Y_X In the case of the SCO Linux litigation, having my finger on the pulse of developments in the technology community and an understanding of the technology they were deploying, I advised the interested party on which way the wind was blowing, and that advice was ultimately borne out. We'll see how things go with this litigation.

With the widespread use of AI platforms for creating content – including text, software, audio, and video – the complexities of copyright issues must be addressed. The question not only arises about the ownership of content produced by AI, but also about the legality of training these AI platforms with copyrighted material. A great thanks to Olivia Dhordain for her expertise in this area, and for being the motor for an article on the Technology Watch portal that examines these issues: https://lnkd.in/enHqymy8

Buckley Law Attorney and Shareholder Martin Medeiros, CIPP/US delves into artificial intelligence and it’s impact on business in his article, “AI and Intellectual Property: Legal Issues in a New Era for Your Business.” https://lnkd.in/g2Ae8wRi For assistance on how to craft an AI policy or contracts that stand the test of time, contact Buckley Law attorney Martin Medeiros at 503-620-8900. #AI #IP #IPLaw #Oregon #Business

Contrary to some media reports, AI will not displace the majority of human work any time soon. What it will do is give those who know how integrate and use AI into their business a competitive advantage, as long as you avoid the legal pitfalls. Check out my article for the deets.

AI has already impacted our lives in a significant way, professionally and personally, and there are still so many issues to resolve. One prominent issue relates to how LLMs are trying to gain their 'function' of mimicking human behavior. Many LLMs are trained by consuming large datasets - typically books, news articles, and other information that can be gleaned from the internet. Whether it is litigation or licensing, or a combination thereof, the landscape of how LLMs are trained will be shaped, in part, by intellectual property - especially copyright. And agreements between the copyright owners and the companies behind the LLMs will play an important role regardless of whether LLM consumption is considered fair use.