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Mealey's Artificial Intelligence

August 30, 2024
Judge Relates Suits Over YouTube Video AI Training

SAN FRANCISCO — A federal judge in California related two California unfair competition law (UCL) cases brought by a man who claims companies illegally downloaded and transcribed YouTube videos for use in training their artificial intelligences.
August 29, 2024
Judge Denies Motion To Dismiss SEC’s ‘Pyramid Scheme’ Claims Against AI Company

ORLANDO, Fla. — A federal judge in Florida denied an artificial intelligence startup and its founder’s motion to dismiss claims brought against them by the Securities and Exchange Commission, finding that the SEC adequately alleged that the company and its founder lured investors with false promises of early access to profits from an AI “ecosystem.”
August 29, 2024
Dialysis Provider Apprises Court Of Potential AI Discovery Concerns

COLUMBUS, Ohio — A dialysis center says a health plan may be employing artificial intelligence in discovery without consultation or permission, telling the federal judge in Ohio overseeing its Employee Retirement Income Security Act (ERISA) case in a joint status report that the plan’s production of hundreds of thousands of documents is moving along at a “glacial” pace without any apparent intent to meet obligations in a stipulation. In their portion of the report, the health plan defendants say they disclosed their intent to use a “computer-assisted platform,” that even evidence identified by such tools requires validation and that perceived problems with production ignore those difficulties and the likelihood that deadlines will be met.
August 29, 2024
AI Copyright Suit Should Stay In Delaware, Getty Images Argues

WILMINGTON, Del. — An artificial intelligence image copyright lawsuit lacks any connection to the defendants’ preferred forum of California, and in the event the suit is sent out west, plaintiff Getty Images [US] Inc. would oppose consolidation with pending litigation, rendering any potential efficiencies “illusory,” Getty says in a brief in opposition to a renewed motion to transfer filed in Delaware federal court.
August 28, 2024
Judge Warns Against AI Use But Adopts Ruling Allowing Pro Se Action

NEW YORK — Two credit reporting companies must face a pro se action after a New York federal judge overruled objections to a report and recommendation, but expressed concern about the plaintiff’s potential use of artificial intelligence in briefing and reiterated that future instances of its use could result in sanctions.
August 27, 2024
Judge Sets Briefing Over ChatGPT-Created ‘Gobbledygook’ Admission In Stock Case

NEW YORK — A federal judge in New York overseeing a “pump and dump” stock case on Aug. 26 set deadlines for a pretrial motion, saying he hopes for prompt resolution of a dispute in which the government portrayed some of the evidence a man hopes to introduce under the hearsay exception as ChatGPT-created “gobbledygook.”
August 21, 2024
Anthropic Faces 1st AI Copyright Suit From Authors

SAN FRANCISCO — Three authors filed a class action against Anthropic PBC in a California federal court claiming that the company’s business model consists of “largescale theft” of “hundreds of thousands of copyrighted books” so that it can train its artificial intelligence.
August 20, 2024
Judges Authoring Dissent, Concurrence Warn About AI Impact On Evidence Rules

BALTIMORE — Maryland Supreme Court judges authoring a concurrence and dissent in a criminal case affirming admission of video evidence based on circumstantial evidence and the reasonable juror standard issued warnings about the potential impact on court rules and procedures from the “age of artificial intelligence,” saying courts will grapple with the issues sooner rather than later.
August 16, 2024
Nvidia Skirted Rules, Illegally Trained AI On YouTube Videos, Man Claims

SAN FRANCISCO — Nvidia Corp., a company valued at $2.4 trillion, trained its Cosmos artificial intelligence by scraping millions of YouTube videos without obtaining consent or compensating creators behind the videos in violation of the California unfair competition law (UCL), a man claims in a class action filed in federal court.
August 16, 2024
California Sues AI Websites Designed To ‘Nudify’ Women, Girls

SAN FRANCISCO — California on Aug. 15 sued the owners of the 16 most popular artificial intelligence websites designed to create and distribute deepfake nudes of women and girls, hitting the websites and various Doe defendants with claims under the state’s unfair competition law.
August 15, 2024
News Outlets Say Stable Diffusion AI Ruling Supports Copyright Case

NEW YORK — A ruling allowing induced copyright infringement claims and finding Stable Diffusion artificial intelligence itself an infringing work applies to contributory infringement claims alleging that ChatGPT memorized works and will output “near-verbatim” replicas, news outlets argue in an Aug. 14 notice of supplemental authority.
August 15, 2024
Judge Agrees To Send AI Misidentification Case Back To State Court

HOUSTON — A case in which a man claims that he suffered assault and gang-rape while in custody after artificial intelligence wrongly identified him as a robbery suspect when he was 2,000 miles from the scene of the crime returned to state court on Aug. 14 after a federal judge in Texas adopted a magistrate judge’s ruling acknowledging that while a “close call,” allegations that a Texas resident provided false police reports provided for state court jurisdiction.
August 15, 2024
Judge Says Some AI Copyright Claims Survive In Visual Arts Suit

SAN FRANCISCO — An amended complaint permissibly adds claims and defendants, and while some of those claims are unsuccessful, copyright claims against DeviantArt, Stability AI Ltd. and others survive, thanks in part to new allegations of improper copying of works to train artificial intelligence, a federal judge in California said in partially granting motions to dismiss.
August 13, 2024
After Dismissing UCL Claim, Judge Relieves Plaintiffs Of ChatGPT Discovery

SAN FRANCISCO — Attorney-created prompts and testing of ChatGPT constitute protected opinion work product, and copyright infringement plaintiffs did not waive work product protections by including some results in their complaint, and the protections are not overcome simply because production would shed light on the case, a federal judge in California said in granting relief from a magistrate judge’s ruling.
August 13, 2024
Proposed FCC Rule Would Define, Impose Rules On AI Robocalls

WASHINGTON, D.C. — In a notice of proposed rulemaking, the Federal Communications Commission laid out what constitutes artificial intelligence-generated robocalls and suggested new rules requiring disclosure to consumers when AI is used in such calls.
August 12, 2024
New York Times Says Judge Nixed Ruling OpenAI Cites Ordering Discovery Of Prompts

NEW YORK — A judge recently overruled a magistrate judge’s order that was cited by OpenAI Inc. and related entities in their effort to obtain prompts and other material related to presuit testing of ChatGPT, the New York Times Co. (NYT) told a federal judge in New York on Aug. 9 in its copyright infringement action against the creators of the artificial intelligence.
August 12, 2024
Judge: No Deadline Extension In AI Company’s Battle Over Sci Fi-Based Name

NEW YORK — A 10-day delay in the holding of a settlement conference does not warrant a months-long extension of several case deadlines, and any failure to conduct discovery and settlement negotiations simultaneously as requested by the court lies with the parties, a federal judge in New York said in a trademark infringement case involving a dispute between an artificial intelligence chipmaker and a health care company it accuses of poaching its science fiction-based moniker.
August 09, 2024
Man Says OpenAI Illegally Transcribed, Trained AI On YouTube Videos

SAN FRANCISCO — OpenAI Inc. and related entities violated the California unfair competition law (UCL) by covertly transcribing millions of videos hosted on the popular YouTube site for use in training ChatGPT artificial intelligence despite lacking consent to do so, video creators allege in a class action filed in California federal court.
August 09, 2024
Judge: Biometric Data Claims Lacking In Illinois Suit Over AI Image Creation App

CHICAGO — A man’s mere belief that his photographs and other biometric information are included in datasets used to train a third-party artificial intelligence that powers an imaging rendering application does not state a claim, and the court lacks personal jurisdiction, a federal judge in Illinois said in dismissing the case.
August 09, 2024
Plaintiffs Seek Default Against Alleged Architect Of Biden AI Voter Robocalls

CONCORD, N.H. — The League of Women Voters asked a federal court in New Hampshire for entry of default against the man who allegedly employed an artificial intelligence deepfake of President Joseph Biden in calls to voters, saying they have taken all the steps necessary for him to be considered served by the court and he failed to respond.
August 07, 2024
Judge Relates Pair Of AI Copyright Actions As Briefing On Dismissal Begins

SAN FRANCISCO — Arguments about differences in parties and the specificity of claims in two copyright suits might stand in the way of consolidation of the actions but do not prevent relating the cases, which involve artificial intelligence created by defendant Google LLC, a federal judge in California said in a docket entry.
August 06, 2024
Judge Won’t Rethink Partial Dismissal Of Stock Drop Suit Against AI Lending Firm

CINCINNATI — A federal judge in Ohio on Aug. 5 denied a lending platform’s motion to reconsider a ruling that claims made by shareholders about the platform’s use of artificial intelligence to approve loans are actionable, holding that the lending platform incorrectly argued that the investors’ inability to establish a single factor in a multi-factor test to determine scienter “is so essential that its inapplicability is fatal to Plaintiffs’ claims.”
August 06, 2024
Expert Testimony In AI Copyright Suit Largely Admitted By Judge

WILMINGTON, Del. — That a small portion of an expert’s opinion involves relatively simple math and the availability of statutory damages is not grounds to exclude the testimony, but a defense expert who relies on simplified data and hypotheticals about income for his opinions on disgorgement and lost profits must be excluded from an artificial intelligence copyright suit, a federal judge in Delaware said in ruling on the admissibility of several expert witnesses.
August 06, 2024
Elon Musk Takes 2nd Swing At Suing OpenAI Founders With Contract, UCL Action

SAN FRANCISCO — Former OpenAI Inc. founder Elon Musk on Aug. 5 once again sued the company’s various entities, alleging in a 15-count complaint filed this time in federal court that the company and founders Samuel Altman and Gregory Brockman performed a long-con by selling him on the creation of a safer artificial intelligence only to abandon those principles when associating with Microsoft Corp. The lawsuit reiterates and adds to the violations alleged in the five-count state court action he filed in March, including a claim for violation of the California unfair competition law (UCL).