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

Mealey's Artificial Intelligence

April 18, 2024
Chapter 11 Liquidation Plan Becomes Effective In Vesttoo Bankruptcy Cases

WILMINGTON, Del. — In a notice outlining several bar dates, the Official Committee of Unsecured Creditors told a Delaware federal bankruptcy court that a Chapter 11 plan of liquidation for Vesttoo Ltd. and its dozens of affiliates went into effect after conditions precedent were “satisfied or waived.”
April 16, 2024
California Plaintiffs Appeal Denial Of Intervention In New York OpenAI Suits

NEW YORK — California plaintiffs whose motion to intervene in New York artificial intelligence copyright infringement cases filed a notice of appeal after the federal judge overseeing the New York cases concluded that the similar but different defendants and claims required denying the request.
April 16, 2024
Microsoft, OpenAI Defend Using News To Train AI In Copyright Suit

NEW YORK — A news organization never explains how any use of its material to train ChatGPT could have injured it, that copyright management information was removed in anything but a private setting or that the artificial intelligence reproduces protected works, Microsoft Corp. and various OpenAI Inc. entities told a federal court in New York in a pair of April 15 motions to dismiss.
April 16, 2024
Music Industry Seeks Expedited Review Of AI Infringement Action

NASHVILLE, Tenn. — Music publishers asked a federal judge in Tennessee for the status of their request for a preliminary injunction enjoining Anthropic PBC’s training of its artificial intelligence, saying expedited review of the motion and details on when the court plans to hold oral arguments will allow for an efficient presentation.
April 15, 2024
AI Hiring Company Says Court Got Illinois Jurisdiction Ruling Wrong

CHICAGO — Illinois is an improper jurisdiction for an artificial intelligence-assisted interview case in which five of the six named plaintiffs were never in the state, and the court reached a contrary conclusion by relying on precedent ignoring that application software is not a product and the role a third party played in its use, the company argues in a motion for reconsideration of a federal judge in Illinois’ ruling denying a motion to dismiss.
April 12, 2024
California Committee Passes Bill Requiring AI Disclosure In Political Advertising

SACRAMENTO, Calif. — A California Assembly committee passed legislation that would require anyone who creates, publishes or distributes political advertising substantially generated by artificial intelligence to disclose such use.
April 11, 2024
Insurer Accused Of Using AI Software To Deny Claims ‘En Masse’ In Class Suit

OAKLAND, Calif. — An insured filed a putative class action in California state court accusing his insurer of violating California’s insurance regulations and its unfair competition law (UCL) by using artificial intelligence (AI) software to deny claims for coverage.
April 11, 2024
EEOC Says AI’s Use Doesn’t Redefine Employment Agency Status

SAN FRANCISCO — Workday Inc.’s use of artificial intelligence and machine learning in screening and sorting job candidates offers a “more sophisticated means” of performing these tasks but does not differentiate the company from traditional employment agencies, the Equal Opportunity Employment Agency (EEOC) says in seeking to file an amicus curiae brief in support of a man who claims to have been discriminated against and is battling a motion to dismiss his case.
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.