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Mealey's Artificial Intelligence

November 20, 2024
Journalism Plaintiff Defends ‘Abridgement’ Claims In AI Copyright Suit

NEW YORK — Artificial intelligence companies may not simply remove copyright management information from news stories, distribute the material among themselves and then create chatbots producing abridged and competing versions of the stories, the nonprofit publisher of Mother Jones told a federal judge in New York in opposing a motion to dismiss.
November 20, 2024
MosaicML AI Model Defendants Seek Consolidation Of Authors’ Lawsuits

SAN FRANCISCO — An artificial intelligence company asked a federal judge in California to consolidate three authors’ copyright class action lawsuit involving the training of large language models with a second suit also involving authors.
November 19, 2024
OpenAI Says No Malice, Damages In ChatGPT Defamation Case

ATLANTA — A man cannot show that anyone would believe ChatGPT’s fictional outputs about his alleged role in a lawsuit, and he cannot meet the actual malice standard required to show defamation of a public figure like a national radio host, OpenAI LLC says in a motion for summary judgment in a Georgia court.
November 19, 2024
Fair Use, Copyright At Issue In AI Legal Research Summary Judgment Briefing

WILMINGTON, Del. — Whether it was unlawful to train an artificial intelligence on a “vanishingly small” amount of protected legal research material and whether a copyright can even protect legal research product when the underlying materials were all in the public domain come before a federal judge in Delaware on briefing for motions for summary judgment. Redacted versions of the reply briefs were filed Nov. 18.
November 14, 2024
Woman Sues Ex-Boyfriend Over Posting Of Nonconsensual AI-Created Images

HARTFORD, Conn. — A former boyfriend publicly posted nude photos he promised he would keep private but also posted ones taken while the subject was unaware and others altered by artificial intelligence to depict conduct that never occurred, a woman claims in a lawsuit filed in Connecticut federal court.
November 14, 2024
Divided 9th Circuit Affirms OpenAI Trademark Ruling

SAN FRANCISCO — The conclusion that OpenAI Inc.’s mark acquired a secondary meaning prior to the release of its ChatGPT and DALL-E 2 and prior to being used by a different company is not “clearly erroneous,” a majority of a Ninth Circuit U.S. Court of Appeals panel said Nov. 13 in affirming an injunction for OpenAI, with the dissent writing that confusion evident in the ruling requires remand.
November 12, 2024
Mother Details Jurisdiction In Suit Alleging Character.AI Led To Son’s Suicide

ORLANDO, Fla. — A woman who claims that her son committed suicide after interactions with Character.AI filed an amended complaint and response to an order to show cause, further detailing the citizenship of defendant Google LLC after the court issued a sua sponte order saying it couldn’t properly determine whether federal jurisdiction was appropriate without the information.
November 08, 2024
Judge Dismisses AI Suit, Says Removal Of CMI Alone Not Sufficient For Standing

NEW YORK — Two media outlets have not established that the removal of copyright management information (CMI) from news stories without corresponding dissemination of the works constitutes an injury or that an artificial intelligence is likely to reproduce the works verbatim, a federal judge in New York said in dismissing the outlets’ lawsuit on Nov. 7 for lack of standing.
November 07, 2024
Parties To Newspaper AI Copyright Case Debate Progress Of Discovery

NEW YORK — Newspaper plaintiffs in an artificial intelligence copyright suit say technical issues plaguing searches of datasets used to train the AI programs are making the discovery process impossible and asked a New York federal judge to compel OpenAI entities to identify and admit which relevant works were used. In the joint letter, OpenAI says that while the parties are in “uncharted waters,” there is no need for the unprecedented relief the plaintiffs seek. The joint letter comes on the heels of a third case being added to the litigation and disputes over discovery into social media and what types of damages and benefits the New York Times Co. has seen from AI.
November 07, 2024
Lack Of Injury Dooms YouTube Scraping AI Suit, Nvidia Says

SAN FRANCISCO — A man can point to no injury from the alleged transcribing of YouTube videos for the use in the training of artificial intelligence, and any viable claims would be preempted by copyright law, dooming his California unfair competition law, so the court should dismiss the claims with prejudice, Nvidia Corp. argues.
November 06, 2024
YouTube Entities Seek Dismissal Of UCL Claims In AI Suit

SAN FRANCISCO — California unfair competition law claims involving the alleged training of artificial intelligence on YouTube videos are preempted by copyright law, but even if they weren’t there is no injury or reliance on which to base them, Google LLC and related companies tell a federal judge in California in seeking dismissal.
November 06, 2024
AI Company Opposes Bid For Summary Judgment In Sci Fi-Based Name Battle

NEW YORK — Defendants asked a federal judge in New York for leave to file a motion for summary judgment in a trademark infringement case, saying their health care-based product is nothing like the plaintiff’s artificial intelligence and specialized microchip company. But in a motion to strike, the plaintiff said potential confusion among consumers is a fact-intensive analysis and that the court should strike the defendants’ pre-motion letter and deny the relief.
November 04, 2024
Judge Consolidates AI Suits; Parties To Work Out Social Media Dispute

NEW YORK — A federal judge in New York consolidated a fourth lawsuit brought by journalists challenging the use of their content to train artificial intelligence and ordered OpenAI entities and the parties suing them to attempt to resolve a discovery issue over production of personal social media messages. The ruling leaves undecided a motion from OpenAI entities seeking evidence of damages and any positive impact AIs have.
November 01, 2024
Court: No Privacy For Child Pornography Turned Up By Snapchat AI Search

WAUKESHA, Wis. — A man lacked privacy protections for pictures discovered by an artificial intelligence that led to a detective’s search and determination that the images contained child pornography because the terms of service of the instant messaging app the man used clearly state that it conducts searches for precluded and illegal conduct, a Wisconsin appellate court said in reversing suppression of the evidence.
October 18, 2024
COMMENTARY: Risk And Reward: The Role Of AI In Construction Disputes

By Andrew Drennan, Mike Hostettler, Augusto Patmore, Ryan Uhrin and Karim Budeiri
October 30, 2024
OpenAI Opposes Discovery Of Employees’ Personal Social Media Content

NEW YORK — Authors and writers in artificial intelligence copyright lawsuits filed against OpenAI Inc. asked a federal judge for access to employees’ personal social media accounts, saying the record shows work-related use of the accounts. But in response, the company says that the request strays far afield from the case’s central issues, that the company has no possession of or control over the requested information and that the plaintiffs are simply employing a scorched earth discovery process.
October 30, 2024
OpenAI Wants Evidence Of New York Times’ AI Damages, AI’s Positive Impact

NEW YORK — The New York Times Co. must produce evidence of any damages from artificial intelligence, as well as its use of ChatGPT and other third-party AIs, OpenAI entities tell a federal judge in New York in a letter motion seeking to compel production. Concurrently, the companies wrapped briefing on a motion to consolidate, with the newspaper saying it doesn’t object as long as the move doesn’t delay the case, and the defendants contending that adding a third case would ensure smooth handling of all cases.
October 29, 2024
Parties To Google AI Copyright Suits Stipulate To Consolidation

SAN JOSE, Calif. — Parties in two California federal class actions challenging the use of data in the training of artificial intelligence stipulated to consolidation with previously related cases in the wake of a motion asking for such relief by Google LLC and its parent Alphabet Inc.
October 28, 2024
Briefing Wraps On Effort To Dismiss News Publishers’ Antitrust AI Claims

WASHINGTON, D.C. — The use of news articles for training artificial intelligence and targeted search results generated by AI do not give the publishers of newspapers an antitrust injury because the news market differs from the online search market, Google LLC and Alphabet Inc. argue in an Oct. 25 reply brief in support of their motion to dismiss. But in an opposition brief, the publishers say the case is a simple one: through its huge market share in online searches, Google can force actual news outlets to provide content for AI training free of charge and then repackage the data, acting as a de facto news publisher.
October 25, 2024
Alexa AI Voice Plaintiffs Seeking Class Certification Point To Recent BIPA Ruling

CHICAGO — A federal judge recently certified a class action after finding that finger scans fell within the definition of fingerprints and were governed by the Illinois Biometric Information Privacy Act (BIPA), plaintiffs in a federal court in Illinois challenging the capture and use of voices for training the Alexa artificial intelligence said in an unopposed motion for leave to file supplemental authority.
October 24, 2024
DOJ, Google Cite ‘Impasse’ In Report On Discovery In Sherman Act Antitrust Suit

WASHINGTON, D.C. — The Department of Justice (DOJ) and officials from numerous states filed a joint status report along with Google LLC in a District of Columbia federal court outlining discovery issues where the DOJ says the parties are at an “impasse” in a suit in which a federal judge overseeing the case previously determined that Google violated Section 2 of the Sherman Act.
October 24, 2024
OpenAI Wants Evidence Of New York Times’ AI Damages, AI’s Positive Impact

NEW YORK — The New York Times Co. must produce evidence of any damages from artificial intelligence, as well as its usage of ChatGPT and other third-party AIs, OpenAI entities tell a federal judge in New York in a letter motion seeking to compel production.
October 23, 2024
Woman: Character.AI Creators Strictly Liable, Negligent In Son’s Suicide

ORLANDO, Fla. — Character.AI’s creators knowingly used sex to lure minors to the program and failed to apply appropriate guiderails for an artificial intelligence whose dangers they were uniquely aware of, leading a child to depression and, ultimately, death, his mother claims in an Oct. 22 strict product liability and negligence suit filed in Florida federal court.
October 22, 2024
Parties To AI Insurance Estimate Trade Secret Battle Debate Scope Of Discovery

CHICAGO — A vehicle insurance claims evaluation platform urged a federal judge in Illinois to compel production of discovery from an artificial intelligence company that allegedly used an alias to steal proprietary information and trade secrets. But in response, the AI company says that having learned nothing untoward from AI training data and other evidence production, the plaintiff is now seeking to expand discovery to time periods untethered to the claims.
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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