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

Mealey's Artificial Intelligence

April 10, 2024
Judge Won’t Reconsider Ruling That OpenAI Is Mark’s Owner

SAN FRANCISCO — A company and its owner have not shown that a finding that OpenAI Inc. is the only bona fide user of a trademark requires reconsideration or was reached in error, and the defendants cannot simply change attorneys and seek “a re-do” of the resulting preliminary injunction ruling, a federal judge in California said.
April 10, 2024
Court Erred On Timing, Logic In OpenAI Trademark Dispute, Party Says

SAN FRANCISCO — No evidence supports the conclusion that the OpenAI mark acquired secondary meaning by September 2022, and the court’s holding otherwise ignores that the U.S. Patent and Trademark Office denied it that status as late as April 2023, a competitor for the mark says in a motion for reconsideration.
April 08, 2024
Washington Judge Excludes AI-Enhanced Video From Murder Trial

SEATTLE — An artificial intelligence-enhanced video of a mass shooting does not meet the Frye v. United States standard, and the admission of such opaque and nonpeer-reviewable evidence would likely only introduce prejudice and complications into a murder trial, a Washington state court judge said in excluding the video.
April 08, 2024
‘Make Believe’ Can’t Form Basis Of Lawsuit, OpenAI Says In Response To Musk

SAN FRANCISCO — Elon Musk’s “make-believe ‘founding agreement’” provides no basis for his suit against OpenAI Inc. entities involving how the company has handled ChatGPT’s evolution, and the court should grant a demurrer on California unfair competition law (UCL), contract and fiduciary claims because the vague complaint leaves everyone guessing what the actual allegations are, OpenAI says in a pair of filings in California.
April 05, 2024
Estate Settles Suit Over Artificial Intelligence George Carlin Comedy Video

LOS ANGELES — George Carlin’s representatives settled copyright and privacy claims against the entities responsible for creating an artificial intelligence presentation featuring his voice and likeness, with the defendants agreeing to stipulated consent judgment enjoining the creation of or otherwise using the comedian’s image, voice or likeness.
April 04, 2024
Judge: California Plaintiffs Can’t Intervene In New York OpenAI Copyright Suits

NEW YORK — California plaintiffs lack sufficient interest in New York copyright infringement cases involving similar but different defendants and claims arising from the training of artificial intelligence, a federal judge in New York said in denying a motion to intervene.
April 03, 2024
Magistrate Says AI Produced ‘No Probative Information’ In Fee Dispute

NEW YORK — While a law firm’s reliance on ChatGPT for the proper attorney fee rate in an Individuals with Disabilities Education Act suit is novel, the artificial intelligence returned “no probative information” despite producing 14 pages of results, a federal magistrate judge in New York said in awarding, but reducing, requested fees on April 2.
April 03, 2024
Class BIPA Case Over Truck Driver Monitoring Products Survives Dismissal Motion

CHICAGO — A putative class complaint alleging that a technology company that supplies truck driver monitoring products, including a camera device that uses artificial intelligence to track driver behavior, violates the Illinois Biometric Information Privacy Act (BIPA) by collecting data may proceed as the company in its motion to dismiss failed to show a lack of personal jurisdiction or that the facial-geometry scans are not “biometric identifiers” under BIPA, a federal judge in Illinois ruled.
April 02, 2024
11th Circuit: Judge Must Explain Denial Of Fees In OpenAI Defamation Case

ATLANTA — Absent some explanation of why a district court judge didn’t award fees and costs after OpenAI LLC admitted that it could not defend removal of a defamation case against it, there is no way to review the ruling, an 11th Circuit U.S. Court of Appeals panel said April 1 in vacating the ruling and remanding for an explanation.
April 02, 2024
Microsoft, ChatGPT Say Class Suit’s UCL, Privacy Claims Over ChatGPT Training Fail

SAN FRANCISCO — Imposing liability on companies that used information posted to the internet by “hundreds of millions of Americans” to train artificial intelligence would be unprecedented, and the plaintiffs in a putative class action have not shown that the alleged conduct violated underlying laws required for California unfair competition law (UCL) claims or that that they incurred an injury as required to proceed with those and other claims, Microsoft and OpenAI entities argue in reply briefs filed in California federal court in support of dismissal.
April 02, 2024
Judge ‘Appalled’ At AI’s Use In Research, Affirms Denial Of AD&D Claim

CHICAGO — A federal judge in Illinois said that despite an attorney’s clear violation of a court order prohibiting the use of artificial intelligence, she would assume that ChatGPT was not used to author the entire brief, while dismissing an Employee Retirement Income Security Act claim alleging that an insurer improperly denied an accidental death and dismemberment claim after a fatal car fire.
March 29, 2024
Investor Says Company Misled About AI Product’s Ability To Identify Weaponry

BOSTON — An investor says in a putative class complaint filed in Massachusetts federal court that an artificial intelligence company and certain of its executives misled investors by overstating the abilities of an artificial intelligence-powered security system developed by the company to detect weapons, after the media reported that a knife that got into a school using the security system was used in an attack on a student.
March 28, 2024
Judge Says Fake Cites Raises Serious Concerns About Attorney’s Use Of AI

BROOKLYN, N.Y. — A clerk entered judgment in favor of a defendant after a federal judge in New York raised concerns that apparently fake citations suggest that a lawyer pursuing discrimination claims against an airline once again relied on artificial intelligence in crafting a brief.
March 21, 2024
COMMENTARY: AI Raises Stakes Across Cybersecurity And Disputes Landscape

By Lorenzo Grillo
March 27, 2024
Man Claims Facial Recognition AI Resulted In False Arrest, Actual Assault

HOUSTON — The head of a retailer’s loss prevention unit removed to a federal court in Texas a man’s lawsuit claiming that “error-ridden facial-recognition software” and artificial intelligence falsely identified him as the culprit in an armed robbery, resulting in his arrest and abuse in prison before his release after authorities dropped the charges.
March 26, 2024
AI Prompts Are Merely ‘Copyright-Laundering Facility,’ Artists Claim

SAN FRANCISCO — Artificial intelligence prompts used to create images are a “copyright-laundering facility designed to produce low-cost knockoffs of copyrighted images,” the plaintiffs argue in four wide-ranging oppositions to motions to dismiss filed in California federal court.
March 25, 2024
Michael Cohen, Attorney Avoid Sanctions Over AI-Generated Fake Cites

NEW YORK — Fictional artificial intelligence-created citations used in support of a motion for early termination of former Donald Trump “fixer” Michael Cohen’s supervised release resulted from a misunderstanding on his part and sloppiness bordering on negligent conduct by his attorney but do not rise to the level required for sanctions, a federal judge in New York said.
March 22, 2024
Tennessee Governor Signs Bill Protecting Performers From AI Impersonation

NASHVILLE, Tenn. — Tennessee’s governor on March 21 signed into law legislation extending existing protections for songwriters, performers and other music industry professionals to include artificial intelligence voice impersonations.
March 22, 2024
New York Times: Copyright Violations, Not Hacking, At Heart Of ChatGPT Case

NEW YORK — OpenAI Inc. knew that ChatGPT would produce material protected by copyright, not only because of well-publicized incidents where artificial intelligences output protected works but because it was told as much and discussed the issue internally, the New York Times Co. (NYT) says in opposing a motion to dismiss.
March 21, 2024
Accrediting Group Certifies 1st Large Language Model Trained On ‘Clean’ Data

WASHINGTON, D.C. — Nonprofit Fairly Trained on March 20 announced certification of the first large language model (LLM) trained with a consent-based approach to data, saying the step proves that artificial intelligence (AI) can be trained while treating creators fairly and ethically.
March 19, 2024
Plaintiffs Fire Back In UCL, Copyright Case Involving Google AI Training Data

SAN FRANCISCO — Individuals enjoy a property right in their personal information, and a complaint alleges unlawful and unfair conduct sufficiently enough for claims under all three prongs of the California unfair competition law (UCL), plaintiffs in a copyright and privacy class action accusing Google LLC of “wide-scale data theft” in the training of its artificial intelligence tell a federal court in opposing dismissal.
March 19, 2024
MosaicML AI Model Comes Under Fire In Authors’ Lawsuit

SAN FRANCISCO — A trio of authors sued MosaicML, the provider of tools facilitating the training of artificial intelligence, and its parent company, claiming that they benefitted from the improper copying of potentially hundreds of thousands of copyrighted works.
March 19, 2024
Judge Says OpenAI Prevails In Dispute Over Use Of Name

SAN FRANCISCO — Since OpenAI Inc. saw its attempt to trademark its name denied, “the landscape has changed” through its introduction of two applications that have made it a household name, a federal judge in California said in enjoining defendants from using the Open AI mark or open.ai.
March 18, 2024
Executive Can’t Shake Claims Company Infringed ‘Playground AI’ Mark

SAN JOSE, Calif. — Litigation over the “Playground AI” trademark will proceed in California with the founder of the artificial intelligence company Mighty Computing Inc. named as a co-defendant, a federal judge there held in denying a motion to dismiss.