Mealey's Artificial Intelligence : Mealey's : Legal News & Analysis

Mealey's Artificial Intelligence

October 18, 2024
COMMENTARY: Interview: Antonia Birt And Rebeca Mosquera Of Reed Smith Discuss Using AI To Improve The Efficiency Of International Arbitrations

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October 18, 2024
Voter Groups, Telecom Debate Injunction Ruling In AI Robocall Case

CONCORD, N.H. — In response to the plaintiffs’ contention that a magistrate judge improperly denied a request for a preliminary injunction in a case involving robocalls featuring the artificial intelligence-created voice of President Joseph Biden, a telecom on Oct. 17 told a New Hampshire judge that the vague and overly broad injunction would run afoul of privacy and other laws and that the plaintiffs had not suffered any demonstratable harm, let alone any injury that could be traced to it.
October 18, 2024
Delaware High Court Briefed On T-Mobile AI-Program Shareholder Derivative Action

WILMINGTON, Del. — Instances where a director acts in the interests of a parent while sitting on the board of a subsidiary require a different standard because in such cases, there would be no paper trail evidence of an effort to provide profits only for the parent, a woman leading a shareholder derivative action says in asking the Delaware Supreme Court to revive a case alleging that a parent company directed T-Mobile US Inc. to centralize data for an artificial intelligence project, leaving the latter susceptible to cyberattack. But in an answering brief, the appellees tell the court that the woman’s appeal was full of challenges she didn’t raise below and therefore had waived and that even on the merits, she could not show that the parent company alone would have profited from the data-sharing program.
October 18, 2024
Google Defendants Want Pair Of AI Copyright Suits Consolidated

SAN FRANCISCO — Two cases challenging the data used to train artificial intelligence share sufficiently similar parties, facts and overlapping classes and should be consolidated, Google LLC and its parent Alphabet Inc. told a federal judge in California.
October 17, 2024
Babylon Bee Wants AI-Election-Regulation Suit Reassigned After Injunction

SACRAMENTO, Calif. — A satirical news site and attorney challenging a pair of California regulations on artificial intelligence-created election content on Oct. 16 asked for their case to be reassigned to a judge who already oversees a similar case and recently enjoined application of one of the laws.
October 16, 2024
Magistrate Judge Denies Quick Review Of Student AI-Cheating Case, Sets Hearing

BOSTON — Parents who contend that a school acted with “deliberate indifference” and placed their high school student at a “distinct disadvantage” by disciplining him for using artificial intelligence on a project had their request for expedited review of a motion for preliminary injunction denied but were given a hearing date for later in October. The federal magistrate judge in the docket-only order set a hearing for late October, established limits on briefing the motion and a motion to dismiss and declined to seal filings in the case.
October 15, 2024
AI Evidence Requires Frye Hearing, New York Surrogate Court Judge Says

BALLSTON SPA, N.Y. — Given the inherent reliability issues of any evidence created through the use of artificial intelligence, any such use requires not only court disclosure but a Frye hearing, a New York surrogate court judge said while ruling that he could not blindly accept an expert’s AI-based damages calculations.
October 15, 2024
5th Circuit: AI Real Estate Firm Forfeited Arguments On Appeal Of Trademark Suit

NEW ORLEANS — A panel of judges in the Fifth Circuit U.S. Court of Appeals on Oct. 14 dismissed a defendant artificial intelligence-based real estate website’s appeal of a Texas federal judge’s grant of a plaintiff real estate company’s motion to dismiss its trademark claims in the wake of the defendant website’s shuttering; the panel held that the defendant website “forfeited any argument that this court has jurisdiction to hear its appeal.”
October 11, 2024
Altman Fires Back At Musk In Suit Over OpenAI’s Purpose

SAN FRANCISCO — Calling California unfair competition law (UCL) and various other claims “preposterous,” “hyperbolic” and “incoherent” and just the latest step in an “increasingly blusterous” harassment campaign, Samuel Altman and related OpenAI entities and directors fired back at a lawsuit filed by Elon Musk, asking a federal judge in California to dismiss the case.
October 10, 2024
‘AI’ Isn’t License To Copy Creative Human Works, Thomson Reuters Says

WILMINGTON, Del. — After prevailing on California unfair competition law (UCL) antitrust counterclaims in a federal court in Delaware, a news company argues in a pair of briefs in support of summary judgment that the evidence is clear that a company knowingly copied large quantities of unique and creative copyrighted data to train its artificial intelligence and cannot claim the conduct falls under fair use or innocent infringer protections.
October 09, 2024
AI Entities Want Consolidation, Tout Dramatic Overlap, ‘Complex Discovery’

NEW YORK — Saying that pleadings will “overlap dramatically” with two previously consolidated media artificial intelligence copyright actions and that a unified process promises an efficient path forward, OpenAI entities and Microsoft Corp. urged a federal judge in New York to add a third case to the grouping.
October 09, 2024
Algorithmic Casino Room Pricing Antitrust Suit Fails For Lack Of Agreement

TRENTON, N.J. — While plaintiffs go to “rather extraordinary lengths” implying that Atlantic City casinos share data in an effort at fixing the price of hotel rooms, the defendants’ use of the same software and provision of nonpublic information to the algorithmic room-pricing system do not satisfy the requirements for a hub-and-spoke conspiracy antitrust claim, a federal judge in New Jersey said in granting a motion to dismiss.
October 07, 2024
Judge Grants Injunction: Calif. AI Election Law Acts As ‘Hammer Instead Of Scalpel’

SACRAMENTO, Calif. — Recently enacted California legislation imposing potential civil penalties for manipulated and deceptive artificial intelligence-generated election materials acts more like a “hammer instead of a scalpel” and likely violates constitutional speech protections, a federal judge in California said in enjoining the law.
October 04, 2024
AI Vendor: ‘Unsound’ Position Dooms Rehearing In Government Contract Case

WASHINGTON, D.C. — A panel ruling fully addressed why its conclusion reinstating an artificial intelligence image company’s suit against the federal government did not conflict with precedent, and nothing in that ruling requires en banc rehearing, the company tells the Federal Circuit U.S. Court of Appeals.
October 02, 2024
Judge Again Leaves Deadlines In Place In AI Company’s Sci Fi-Based Name Battle

NEW YORK — A federal judge in New York overseeing a dispute between an artificial intelligence microchip provider and a health care company over the name Groq once again declined a request to extend deadlines, saying the original deadlines remain in place despite the parties’ preference not to simultaneously conduct discovery settlement negotiations.
October 02, 2024
Judge: No Jurisdiction For Artist’s Class Copyright Claims Against Online Store

NEW YORK — A New York federal judge on Oct. 1 issued an opinion confirming an August “bottom-line” order dismissing a putative class action complaint brought by an artist alleging that an e-commerce company infringed on his copyrighted work and that of many other artists, holding that the New York federal court does not have personal jurisdiction based in part on customers’ locations.
October 02, 2024
Judge Won’t Clarify AI Copyright Trade Dress Ruling

SAN FRANCISCO — While it portrays its motion as one for clarification, artificial intelligence company Midjourney actually seeks reconsideration of a ruling finding that a plaintiff adequately alleged trade dress claims, a federal judge in California said in denying the motion.
October 01, 2024
Order Lays Out Security Details For ChatGPT Discovery

SAN FRANCISCO — Discovery in plaintiffs’ consolidated copyright litigation over the data used by OpenAI Inc. to train its large language models (LLMs), including ChatGPT, will occur in a secure room at a computer isolated from the internet and other networks, a federal magistrate judge in California said in adopting stipulated protocol.
October 01, 2024
DMCA AI Ruling Heads To 9th Circuit After Grant Of Immediate Appeal

OAKLAND, Calif. — Plaintiffs with copyright claims against GitHub Inc. and others stemming from the training of artificial intelligences may file an interlocutory appeal of a ruling requiring identicality under the Digital Millenium Copyright Act (DMCA) and dismissing the claims, a federal judge in California said.
October 01, 2024
Man Calls AI-Assisted Art A Human Creation, Faults Copyright Office Denial

DENVER — Comparing his artificial intelligence-assisted work to that of Jackson Pollock, a man alleges in a federal court in Colorado that the Copyright Office acted in an arbitrary and capricious manner when it denied his application for a copyright of a work he says he spent in excess of 100 hours tweaking and improving.
October 01, 2024
Judge Dismisses Suit Disputing Coverage For BIPA Claims Over AI Food Phone Orders

CHICAGO — Following receipt of a businessowners insurer’s notice of voluntary dismissal, a federal judge in Illinois dismissed the insurer’s lawsuit seeking a declaratory judgment that it owes no coverage for two underlying putative class action lawsuits alleging that its insured and two franchise restaurants violated the Illinois Biometric Information Privacy Act (BIPA) when they used the insured’s voice artificial intelligence technology to handle phone orders from customers.
September 30, 2024
California Governor Vetoes Artificial Intelligence Model Oversight Legislation

SACRAMENTO, Calif. — California Gov. Gavin Newsom on Sept. 29 vetoed legislation requiring developers of artificial intelligence models to ensure that safeguards and policies are in place that can prevent critical harms and creating an oversight board, saying the “stringent standards” imposed by the bill do not recognize the delicate balance required for regulating the growing industry. The legislation underwent several amendments but largely breezed through the Senate and Assembly.
September 30, 2024
California Governor Signs 17 AI-Related Laws, Creates Task Force

SACRAMENTO, Calif. — California Gov. Gavin Newsom, who recently signed 17 bills governing artificial intelligence, took yet another step toward regulation on Sept. 29, announcing the creation of new initiatives designed to ensure safe and responsible use of the technology.
September 30, 2024
Judge Reprimands Counsel, Says Only Use Of AI Explains Briefing Errors

DALLAS — While plaintiff’s attorneys in a proposed employment class action acknowledged and apologized for miscited case law, quotes and other errors, their claim of poor procedures and lack of proper oversight explain only a portion of the mistakes, a federal judge in Texas said in reprimanding counsel after concluding that despite protests to the contrary, artificial intelligence must have been used to craft the response brief.
September 26, 2024
AI Lawyer Service Among Targets Of FTC Enforcement Actions

WASHINGTON, D.C. — An artificial intelligence company made “lofty claims” that its chatbot could replace human lawyers and craft valid legal documents but could not deliver on those promises, never tested its chatbot’s outputs and employed no lawyers, the Federal Trade Commission alleged in announcing that it reached a $193,000 settlement with the company as part of a five-prong enforcement action targeting deceptive schemes using the new technology.