Mealey's Artificial Intelligence
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July 25, 2024
California Woman Says Retailer Used AI Company To Illegally Analyze Calls
VENTURA, Calif. — A clothing retailer uses a third-party artificial intelligence company to intercept and analyze customer calls in violation of California law, a woman alleges in a class action filed in California state court.
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July 24, 2024
AI Discrimination Claims By Expelled Student Must Be Arbitrated, Judge Says
MIAMI — A testing program company’s user agreement is not unconscionable and requires arbitration of claims alleging that its artificial intelligence program improperly identified a test taker as cheating based on her disability, but the former student has not shown that she can sustain discrimination claims against the university that used the testing program, a federal judge in Florida said.
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July 24, 2024
U.S. Senate Passes Legislation Targeting Deepfake Pornography
WASHINGTON, D.C. — The U.S. Senate on July 23 passed by voice vote amended legislation allowing anonymous lawsuits by individuals targeted by intimate artificial intelligence driven digital forgeries and deepfakes.
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July 23, 2024
Magistrate Judge Recommends Sending AI Facial Recognition Suit Back To State Court
HOUSTON — A magistrate judge in a federal court in Texas said he would recommend remanding a case, acknowledging that it was a “close call” whether a man who claims that artificial intelligence misidentified him as a suspect in a retail theft had adequately alleged that a Texas resident who identified him provided false reports to the police but that the claim ultimately sufficed.
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July 22, 2024
Complaint’s Brush Strokes Sufficiently Specific In AI Copyright Suit, Artists Say
SAN JOSE, Calif. — Allegations that Google LLC and its parent company used copyrighted material to train its artificial intelligence suffices and the plaintiffs need not identify every image at issue in the class action, visual artists tell a federal judge in California in a July 19 brief opposing dismissal.
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July 19, 2024
Humana, Insureds Debate Jurisdiction In AI Claims Processing Case
LOUISVILLE, Ky. — Insureds told a federal judge in Kentucky that their lawsuit over the use of artificial intelligence in claims processing does not implicate benefits and therefore does not implicate the court’s jurisdiction. But in reply, Humana said on July 18 that the plaintiffs concede that they have not exhausted their judicial remedies as required by the Medicare Act and their claims are preempted.
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July 19, 2024
Judge: AI Defamation Case Jurisdiction Uncertainty Didn’t Warrant Attorney Fees
ATLANTA — A judge who remanded an artificial intelligence defamation case said he did not award attorney fees in the case because diversity jurisdiction appeared clear enough that the plaintiff himself didn’t raise a challenge until alerted to a potential defect by the court.
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July 19, 2024
Federal Trade Commission Shutters AI App Claiming To Identify STDs
WASHINGTON, D.C. — Scientific evidence does not support claims that an artificial intelligence-based app can identify sexually transmitted disease (STD) from pictures individuals upload to it with the level of accuracy claimed by its developer, the Federal Trade Commission said in a closing letter issued to the company after an investigation.
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July 18, 2024
Man, CVS Settle Claims Employment Interview Included Undisclosed AI Lie Detector
BOSTON — A man who claims that artificial intelligence tools used during a job interview constitute an unlawful lie detector test settled his individual state law claims against two CVS Health Corp. entities, according to a July 17 notice filed in Massachusetts federal court.
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July 18, 2024
California Legislation Seeks Creation Of Entity Overseeing AI Developers
SACRAMENTO, Calif. — Legislation winding its way through the California Legislature would require developers training artificial intelligences be able to fully shut down the program, enact separate safety and security measures and prohibit the release of AI models posing an unreasonable risk of critical harm. The California Assembly’s Committee on Judiciary passed the measure on a 9-1 vote.
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July 17, 2024
Media’s AI Copyright Suit Supplemental Briefing Focuses On Prompts, Injury
NEW YORK — The Intercept Media Inc. called artificial intelligence ChatGPT a “serial plagiarist” built on thousands of copyrighted works of journalism while urging a federal judge in New York in supplemental briefing to reject arguments about any lack of injury and timeliness and deny a pair of motions to dismiss its copyright case.
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July 16, 2024
Portions Of Man’s AI Employment Discrimination Case Survive Dismissal
SAN FRANCISCO — A company that makes an artificial intelligence hiring tool available to employers can be liable under agency theory, and distinguishing between AI hiring and human decision makers could gut anti-discrimination laws and leave no one liable, a federal judge in California said in denying in part a motion to dismiss a man’s case.
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July 12, 2024
DMCA Claims In GitHub AI License Dispute Dismissed For 3rd, Final Time
OAKLAND, Calif. — John Doe defendants suing GitHub Inc. and others for a purported lack of attribution of their shared materials in artificial intelligence (AI) products saw their claims under the Digital Millennium Copyright Act (DMCA) dismissed for a third time, this time with prejudice.
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July 10, 2024
Insurer Disputes Coverage For BIPA Suits Over Food Phone Orders Handled By AI
CHICAGO — A businessowners insurer filed suit in an Illinois federal court seeking a declaratory judgment that it owes no coverage for two underlying putative class action lawsuits alleging that its insured and two franchise restaurants violated the Illinois Biometric Information Privacy Act (BIPA) when they used the insured’s voice artificial intelligence technology to handle phone orders from customers.
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July 09, 2024
Investor Appeals Vice Chancellor’s Dismissal Of Suit For Lack Of Presuit Demand
WILMINGTON, Del. — An investor who brought a derivative complaint alleging that a telecommunications company failed to prevent its parent company’s scheme to centralize customer data to train artificial intelligence appealed to the Delaware Supreme Court a state vice chancellor’s decision dismissing the complaint after finding that the shareholder failed to show that making a demand on the board would have been futile.
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July 08, 2024
OpenAI, New York Times Debate Discovery Of Reporters’ Notes In AI Copyright Suit
NEW YORK — In letter briefing, the New York Times Co. (NYT) and OpenAI battle over whether copyright claims linked to artificial intelligence ChatGPT’s alleged reproduction of news articles permit discovery into reporters’ notes and associated materials underlying the stories.
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July 05, 2024
Microsoft, OpenAI Defend Need For Consolidation Of Media AI Suits
NEW YORK — Companies at the heart of suits over artificial intelligence urged a federal judge in New York in July 3 reply briefs to consolidate two cases brought by various newspapers and grant additional time for discovery required by the sprawling nature of the allegations.
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July 03, 2024
Constructive Trust Claims Deadline Set In Liquidation Of Vesttoo And Affiliates
WILMINGTON, Del. — In the Chapter 11 liquidation of Vesttoo Ltd. and its dozens of affiliates, a Delaware federal bankruptcy judge set a July 22 deadline for asserting constructive trust claims and overruled the liquidating trustee’s objection regarding compensation for special counsel retained by the debtors.
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July 02, 2024
Appeal Over Confirmation Of Vesttoo’s Liquidation Is Voluntarily Dismissed
WILMINGTON, Del. — An appeal of the order confirming the Chapter 11 plan of liquidation for Vesttoo Ltd. and its dozens of affiliates has been voluntarily dismissed pursuant to a joint stipulation.
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June 26, 2024
Music Industry Entities Sue Pair Of AI Companies Over Copying Of Recordings
NEW YORK — Two companies trained artificial intelligence on decades’ worth of copyrighted sound recordings with “rapid and devastating” effect, various music industry entities claim in a pair of June 25 complaints filed in Massachusetts and New York federal courts, warning that the technology presents both “promise and peril.”
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June 25, 2024
Music Industry’s AI Suit Will Play In California After Transfer
NASHVILLE, Tenn. — Music publishers sued a California-based artificial intelligence company in Tennessee and must live with the fact that they have not shown that the fact that the company employs a few individuals who chose to work from home in Tennessee satisfies the jurisdiction hurdle, a federal judge in Tennessee said June 24.
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June 21, 2024
Woman Drops Claims Game Makers Used AI To Addict Minors
EAST ST. LOUIS, Ill. — A woman voluntarily dismissed claims against Roblox Corp. and other video game companies that she claimed hooked minors on video games through the use of artificial intelligence (AI). Briefing on a motion to dismiss and a second motion for sanctions was pending in the federal court in Illinois at the time.
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June 21, 2024
German Companies Claim Microsoft Infringed Patents Through Its AI Infrastructure
MARSHALL, Texas — Microsoft Corp. infringed three patents by using certain computing systems that allow for artificial intelligence (AI) computer programs to run more efficiently, two German companies allege in a complaint filed in Texas federal court.
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June 19, 2024
Judge Rejects AI Hiring Firm’s Attack On Class Jurisdiction Ruling
CHICAGO — An artificial intelligence hiring platform’s contacts in Illinois satisfy Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct. and provide for jurisdiction in the state, a federal judge said June 18 in denying a motion for reconsideration of a ruling denying a motion to dismiss.
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June 19, 2024
Microsoft Joins OpenAI’s Call For Consolidation Of Media AI Suits
NEW YORK — Microsoft Corp. joined in various OpenAI entities’ motion to consolidate a suit brought by eight news organizations challenging outputs from the ChatGPT artificial intelligence and its associated programs with a similar suit filed by The New York Times Co., saying in its joinder brief filed in a federal court in New York that doing so will combine suits that challenge similar technologies.