Mealey's Artificial Intelligence
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October 10, 2023
Justice Finds AI DNA Testing Tool Admissible In New York Murder Case
BROOKLYN, N.Y. — The fact that an artificial intelligence program used to identify and match DNA and solve a cold-case murder has come under criticism can be investigated on cross-examination but is not grounds to exclude the testing done by the program, a New York justice said in denying a motion to exclude.
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October 09, 2023
OpenAI Withdraws Removal Of ChatGPT Defamation Case
ATLANTA — Artificial intelligence company OpenAI LLC told a federal judge in Georgia on Oct. 6 that it could not identify each member and the citizenship of its limited liability corporation and therefore would withdraw its notice of removal in a case claiming that ChatGPT defamed a man by mistakenly identifying him as the target of a lawsuit alleging financial misconduct.
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October 09, 2023
Delaware Launches Commission To Study AI’s Impact On Courts
WILMINGTON, Del. — The Delaware Supreme Court relaunched a commission that will focus its efforts on technological advances and their impacts on the courts, including the use of artificial intelligence.
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October 04, 2023
AI Health Care Company’s ‘Patient Stories’ Handling Led To Data Breach, Suit Says
BOSTON — An artificial intelligence (AI) company specializing in health care “patient stories” failed to adequately secure the private health information it obtained, resulting in a data breach releasing patient medical records and other related information, a woman claims in a putative class action in Massachusetts federal court.
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October 03, 2023
Judge: Statements That AI Lending Platform Is ‘Magical’ Were Optimistic, Puffery
CINCINNATI — Claims that a lending platform’s artificial intelligence’s “magical” abilities would “shine” during periods of risk are nothing more than optimistic statements and puffery, while claims that its model could approve more loans at lower rates than traditional systems during such times are verifiable and actionable, a federal judge in Ohio said in partly granting motions to dismiss a securities class action.
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September 29, 2023
Copyright Holders Opposing Dismissal Say AI Companies Want To ‘Rewrite’ Law
SAN FRANCISCO — A group of copyright holders including comedian Sarah Silverman filed a brief opposing OpenAI Inc. and affiliated companies’ motion to dismiss their putative class action for copyright infringement, urging the court to reject OpenAI’s “misleading and self-serving reframing of the U.S. Copyright Act” and contending that its use of their works to train its ChatGPT AI program infringed on their copyrights.
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September 28, 2023
‘Messy’ Facts In AI Legal Research Copyright Case Send Matter To Trial
WILMINGTON, Del. — Because the facts remain “messy,” the bulk of a case alleging that Ross Intelligence Inc. improperly trained its artificial intelligence (AI) on copyrighted material owned by legal research platform Westlaw is heading to trial after a federal judge in Delaware denied a handful of summary judgment motions.
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September 26, 2023
With Pending Settlement In Clearview Biometrics MDL, Discovery Motions Denied
CHICAGO — In the wake of a tentative settlement announcement by the parties in a multidistrict litigation alleging violations of the Illinois Biometric Information Privacy Act (BIPA) by artificial intelligence firm Clearview AI Inc., the magistrate judge overseeing discovery denied as moot motions for sanctions and a protective order and returned the case to the assigned presiding judge in Illinois federal court.
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September 07, 2023
COMMENTARY: Considerations For Governance Of Generative AI
By Michael Kearney, Tara Emory and Sabrina Lozano
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September 25, 2023
Judge Relates Authors’ AI Suits Against Meta For Copyright Infringement
SAN FRANCISCO — A California federal judge on Sept. 22 brought a putative class action against Meta Platforms Inc. for copyright infringement in its training of its artificial intelligence software filed by authors including Michael Chabon into the docket of a similar suit filed by a group of writers including comedian Sarah Silverman, who had moved to relate the cases.
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September 25, 2023
OpenAI Given 1 Last Chance To Defend Jurisdiction In AI Defamation Case
ATLANTA — Artificial intelligence company OpenAI LLC’s response to an order to show cause does not adequately name the members of its limited liability corporation or sufficiently state their citizenship, a federal judge in Georgia said in a Sept. 22 docket order warning that unless the company files a single document laying out the necessary facts, he would remand the defamation case.
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September 25, 2023
AI Company: Health Care Startup Stole Sci-Fi-Based Trademark
NEW YORK — A startup health care company that uses artificial intelligence to tailor treatments skipped the hard part of earning its own reputation and instead simply stole an existing and completely unique name and established trademark in an effort to confuse consumers, an artificial intelligence technology company tells a New York federal court.
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September 22, 2023
Employees Torpedoing AI Business Platform, Companies Say
WILMINGTON, Del. — Three current and former employees of an artificial intelligence-based business intelligence platform took deliberate steps to torpedo a business by interfering with its functions and threatening to steal its intellectual property in retaliation for debts allegedly owed to them, two companies claim in a Sept. 21 opening brief seeking a temporary restraining order in the Delaware Chancery Court.
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September 22, 2023
AI Health Care Company Seeks To Defend Common-Law Trademark
SAN FRANCISCO — A company’s registration of an already-in-use trademark and its intention to use the mark going forward sow confusion and tie the name’s existing goodwill to a disreputable entrepreneur in violation of the California unfair competition law (UCL), among others, a company hoping to use artificial intelligence in the medical education space says in a complaint.
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September 21, 2023
Best-Selling Fiction Writers Sue OpenAI For ‘Systematic Theft On A Mass Scale’
NEW YORK — The Authors Guild and 17 of its members, who are best-selling fiction writers, filed a putative class complaint against OpenAI Inc. and related companies (OpenAI, collectively) in New York federal court, accusing the artificial intelligence research and deployment firm of “flagrant and harmful” infringement of their copyrighted works in the training of its large language models (LLMs) without obtaining licenses or permission.
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September 21, 2023
Sarah Silverman Seeks To Relate AI Suit Against Meta With Michael Chabon’s
SAN FRANCISCO — A group of writers including comedian Sarah Silverman moved in California federal court to relate their putative class action against Meta Platforms Inc. for copyright infringement in its training of its artificial intelligence software with a similar suit filed by authors including Michael Chabon, one day after Meta moved to dismiss the litigation involving Silverman.
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September 20, 2023
Plaintiffs Dismiss Suit Challenging AI Chatbot Privacy Practices
SAN FRANCISCO — After warning that the release of artificial intelligence was done with “disregard for the potentially catastrophic risk to humanity,” 16 anonymous plaintiffs voluntarily dismissed their complaint claiming that Microsoft Corp. and others violated federal privacy laws and state consumer protection laws, including California’s unfair competition law (UCL).
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September 18, 2023
COMMENTARY: Generative AI In Legal Practice: Technical And Legal Aspects To Consider
By Dr. Ilia Kolochenko
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September 07, 2023
COMMENTARY: Establishing Guardrails For AI
By Susan Divers
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September 19, 2023
Judge Grants AI Image Company Default Judgment In Trademark Dispute
SAN FRANCISCO — A federal judge in California adopted a report and recommendation granting default judgment in a trademark case involving the “brazen conduct” of a “trademark pirate,” enjoining the defendants from infringing on artificial intelligence image generator Midjourney Inc.’s trademark and awarding $72,972 in attorney fees but denying a request for damages.
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September 19, 2023
Judge Warns About AI Use After ‘Shoddy’ Brief ‘Rife With Errors’
MILWAUKEE — A federal judge in a footnote expressed concern that a brief “rife with errors” such as incorrect cites and quotes might have been the product of artificial intelligence (AI) and warned counsel in a civil rights case that “shoddy briefing” is especially problematic when responding to a motion for attorney fees.
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September 12, 2023
COMMENTARY: Practical Advice For Internal Artificial Intelligence Policy Development
By James A. Sherer, Katherine Lowry, Theresa Weisenberger and Nichole Sterling
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September 13, 2023
Judge: Insurance-Home Sale Connection Claims Save AI Claims Handling Case
CHICAGO — The theory that homeowners insurance constitutes a service connected to the sale of a home pushes the Fair Housing Act (FHA) to its boundaries but meshes with precedent, a federal judge in Illinois said in partially denying a motion to dismiss in a case alleging that an insurer’s artificial intelligence disproportionately flags claims by Black policyholders for greater scrutiny.
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September 13, 2023
Award-Winning Writers Sue AI Developers For Unfairly Using Copyrighted Books
SAN FRANCISCO — Pulitzer Prize-winning author Michael Chabon, his wife and fellow author Ayelet Waldman and three other writers on Sept. 12 filed a putative class action in California federal court against Meta Platforms Inc. accusing it of copyright infringement and violating California’s unfair competition law (UCL) by integrating their copyrighted written works into a dataset it uses to train artificial intelligence software, days after they sued OpenAI for similar conduct.
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September 12, 2023
Man: ChatGPT Disclaimer Can’t Transform Defamatory Comments
ATLANTA — OpenAI is subject to jurisdiction in Georgia based on its registration in the state, and disclaimers and terms of use are outside the scope of a motion to dismiss and in any case cannot transform defamatory comments into innocuous statements, a man told a federal court in Georgia in opposing the motion.