Mealey's Artificial Intelligence
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March 05, 2024
Judge Dismisses Copyright-Based Claims Against OpenAI, Won’t Enjoin Its Defense
SAN FRANCISCO — Plaintiffs pursuing class claims in California against OpenAI Inc. and related companies stemming from alleged copyright violations have not demonstrated that the court overseeing their cases can enjoin the companies from defending themselves from similar litigation in New York federal court, a federal judge said in denying a motion to enjoin after dismissing the bulk of the case in an earlier ruling.
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February 21, 2024
COMMENTARY: The AI Governance Challenge For Privacy And Data Risks
By Robert Grosvenor and Sam Lowe
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March 04, 2024
3 More Media Outlets Launch Copyright Actions Over Artificial Intelligence
NEW YORK — Three media outlets filed two new lawsuits in New York federal court targeting OpenAI Inc. and related entities associated with the use of copyrighted material to train artificial intelligence ChatGPT-4.
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March 01, 2024
Elon Musk Takes On OpenAI’s Altman With Contract, UCL Suit
SAN FRANCISCO — OpenAI’s founders breached the company’s founding agreements dictating that it operate as a nonprofit and be open source when they partnered with Microsoft in exchange for millions of dollars, Elon Musk alleges in a Feb. 29 lawsuit filed in California against Sam Altman for breach of contract and violation of the California unfair competition law (UCL).
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February 20, 2024
COMMENTARY: Diverging International Approaches To The Copyrightability And Authorship Of AI-Created Works
By Christopher W. Savage and James Rosenfeld
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February 29, 2024
U.S. Bankruptcy Judge Approves Liquidation Plan In Vesttoo Chapter 11 Cases
WILMINGTON, Del. — After the latest in a string of recent hearings, a Delaware federal bankruptcy judge on Feb. 29 confirmed a Chapter 11 plan of liquidation for Vesttoo Ltd. and its dozens of affiliates, also approving four settlements — one with a caveat and one with conditions precedent.
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February 29, 2024
OpenAI Says New York Times Used ChatGPT Hack To Produce Copyrighted Work
NEW YORK — The New York Times Co. (NYT) — using a known bug — hacked ChatGPT, and tens of thousands of attempts tricked it into producing “highly anomalous results” that it now uses as the basis for a copyright suit, the company behind the artificial intelligence tells a federal judge in New York in seeking dismissal of the suit.
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February 29, 2024
Parties Brief Fee Ruling In Appeal Of OpenAI Defamation Remand Case
ATLANTA — A man who secured remand of claims that the ChatGPT artificial intelligence defamed him by naming him as a defendant in a financial misconduct lawsuit told the 11th Circuit U.S. Court of Appeals that it should vacate a ruling denying him fees and costs and remand the case for an explanation of the decision. But in response, OpenAI LLC says it is well within the court’s powers to determine that a reasonable basis existed for removal.
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February 28, 2024
Settlements Sought, Liquidation Proposal Updated In Vesttoo Chapter 11 Cases
WILMINGTON, Del. — After putting forth several proposed settlements for approval in a Delaware federal bankruptcy court following mediation, the Official Committee of Unsecured Creditors on Feb. 28 filed the latest of its recent amendments to its proposed Chapter 11 plan of liquidation for Vesttoo Ltd. and dozens of Vesttoo affiliates.
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February 27, 2024
Judge Clarifies Discovery Scope After Confusion About AI Insurance Tools
CHICAGO — Given the court’s and parties’ own confusion about the scope of artificial intelligence tools potentially used in sorting complex and potentially fraudulent claims from more standard ones, homeowner plaintiffs and their insurer should confer and determine what exactly is at issue before conducting further discovery, a federal judge in Illinois said in a docket entry order in a case involving the Fair Housing Act.
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February 27, 2024
AI Interview Company Can’t Escape Illinois Biometric Law Class Action
CHICAGO — The use of a company’s artificial intelligence-based virtual interview program within Illinois gives jurisdiction over the case and the allegations fall within the purview of Illinois law governing biometric data, a federal judge in Illinois said Feb. 26, dismissing only claims that the company profited from the sale of such data.
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February 27, 2024
Microsoft: Material Differences In California, New York AI Copyright Suits
NEW YORK — Plaintiffs seeking to intervene in or dismissal of New York artificial intelligence copyright suits are simply jockeying for position, and material differences in the suits warrant ignoring the first-to-file rule and denying the motion, Microsoft Corp. tells a federal judge in New York in a Feb. 26 opposition.
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February 27, 2024
Man’s Claim Over CVS AI Screening Tool Disclosure Proceeds, Judge Says
BOSTON — A man who claims that his ultimately unsuccessful employment interview included an undisclosed artificial intelligence (AI) screening that constituted a lie detector test under Massachusetts law may proceed with his claim because his alleged injury is exactly the type protected by the law, a federal judge in the state said in denying a motion to dismiss.
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February 26, 2024
Judge: AI’s Thoughts On Fee Rates ‘Utterly And Unusually Unpersuasive’
NEW YORK — Chat-GPT’s feedback on appropriate attorney fees is “utterly and unusually unpersuasive,” and without a change in the artificial intelligence’s reliability, counsel should not rely on it going forward, a federal judge in New York said in reducing a fee request.
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February 26, 2024
Investor Says Data Company Misrepresented Abilities Of AI Program
NEWARK, N.J. — In a putative class complaint filed in a federal court in New Jersey, an investor says a data engineering company and certain of its executives misled him and other investors through claims about the supposedly innovative nature of its artificial intelligence model, after an industry analyst published a report claiming that the model was never viable.
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February 21, 2024
Anthropic Opposes ‘Untimely’ Music Industry Amicus Brief In AI Copyright Fight
NASHVILLE, Tenn. — Music industry groups looking to file an amicus curiae brief argue that a case seeking to enjoin an artificial intelligence company doesn’t threaten the AI industry but that continued copyright violations do harm the industry. But in a Feb. 20 opposition brief, AI company Anthropic PBC calls the brief untimely and says it simply rehashes arguments already raised by the plaintiffs.
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February 21, 2024
RICO Claim Dismissed From Clothing Retailer’s AI Design Copyright Theft Case
LOS ANGELES — Allegations that an online clothing retailer’s artificial intelligence rips off copyrighted fashion designs can form the basis of a Racketeer Influenced and Corrupt Organizations Act (RICO) claim, but the designers must dress the claim with additional allegations, a federal judge in California said in dismissing the claim without prejudice.
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February 21, 2024
Judge Grants Stipulated Dismissal In AI-Tax Prep, UCL, Advertising Suit
SAN JOSE, Calif. — A federal judge on Feb. 20 approved a stipulated dismissal in a case involving two companies locked in a battle over whether the advertising of artificial intelligence tax preparation software violated the California unfair competition law.
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February 20, 2024
Google Says UCL, Other Claims In AI Training Lawsuit Fail
SAN FRANCISCO — Vague allegations and hypothetical damages involving the scraping of websites and other sources for data used in the training of artificial intelligence cannot form the basis of California unfair competition law (UCL) and other claims because the potential usage was adequately disclosed and individuals lack a privacy interest in information they themselves publicly disclosed, Google LLC tells a federal judge in California in seeking dismissal.
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February 20, 2024
Home Depot Customer Sues Over Use Of Google AI To Access, Record Phone Calls
LOS ANGELES — In a putative class action filed in California federal court, a Los Angeles man alleges that The Home Depot Inc. violated California’s Invasion of Privacy Act (CIPA) by using an artificial intelligence product from Google Inc. to listen to, analyze and record customers’ phone calls without their knowledge or consent.
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February 15, 2024
Missouri Court Grants Sanctions Over Fictitious AI Cites, Other Briefing Errors
ST. LOUIS — A man pursuing a pro se appeal admits that the individual he hired to assist with the case relied on artificial intelligence that produced more than 20 inaccurate cites and appears to have gotten information correct only through “algorithmic serendipity,” a Missouri appeals court said in dismissing the appeal and imposing $10,000 in sanctions for “fatal briefing deficiencies.”
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February 15, 2024
Disputes Over Liquidation Proposal Sent To Mediation In Vesttoo Chapter 11 Cases
WILMINGTON, Del. — A Delaware federal bankruptcy judge has referred matters pertaining to a proposed Chapter 11 plan of liquidation for Vesttoo Ltd. and dozens of its affiliates to mediation.
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February 14, 2024
Government: AI-Assisted Invention Patents Require ‘Significant Human’ Role
WASHINGTON, D.C. — Patent applicants must be “natural persons” — artificial intelligences cannot be listed as inventors — and the U.S. Patent and Trademark Office (PTO) analysis of applications including artificial intelligence-assisted inventions focuses on whether a significant human contribution exists, according to guidance published in the Federal Register on Feb. 13.
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February 14, 2024
Judge Dismisses Bulk Of Writers’ Copyright-Based Claims Against OpenAI
SAN FRANCISCO — A California federal judge granted in part and denied in part a motion by OpenAI Inc. and its affiliated companies involved in developing the ChatGPT artificial intelligence (AI) program to dismiss claims brought against it in two putative class actions filed by authors who say ChatGPT’s development and operations infringe their copyrights.
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February 14, 2024
GitHub, Microsoft, Coders To Confer Over Discovery In AI Copyright Licensing Row
OAKLAND, Calif. — In a dispute over licensing and attribution of computer code in open-source artificial intelligence (AI) collaborations, a California federal judge scolded defendants GitHub Inc. and Microsoft Corp. and five John Doe plaintiffs for not complying with the proper procedures for submitting discovery letters, leading him to deny the relief sought by the parties and to once again order them to meet and confer over their remaining discovery disputes.