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

Mealey's Artificial Intelligence

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).
August 05, 2024
Magistrate, Judge, Appeals Court Confront Potential Use Of AIs By 3 Pro Se Plaintiffs

Judges in three cases have issued concerns about the use of ChatGPT or other artificial intelligences in the crafting of briefs by pro se plaintiffs, with two judges in federal courts noting the difficulties pro se plaintiffs face and that AIs are unreliable but declining to impose sanctions and instead warning the plaintiffs that future infractions could bring penalties.
August 05, 2024
Judge: Investor’s Claim Medical Company Lied About AI To Raise Stock Price Fails

HARTFORD, Conn. — An investor who brought a putative class complaint against a medical company, claiming it misled investors both about its artificial intelligence data platform and its own financial results, failed to illustrate in his amended complaint how some of the alleged misstatements were false and also failed to show that any of them were knowingly made, a Connecticut federal judge held, dismissing the complaint without prejudice.
August 02, 2024
Parties To OpenAI Secondary Meaning Trademark Ruling Wrap Briefing

SAN FRANCISCO — Two entities battling over the rights to the Open AI trademark wrapped up briefing in a Ninth Circuit U.S. Court of Appeals case involving a judge’s ruling finding that the mark acquired a secondary meaning with the release of OpenAI Inc.’s Dall-E website.
August 01, 2024
AI Voice Cloning Company Says Voice Actors’ Claims Lack Basis, Untimely

NEW YORK — Actors who claim they were duped into providing their voices for use in training artificial intelligence “tell a tale filled with pathos and the woes of artificial intelligence” but have not shown that their claims are timely or that their actual voices were used in a way that violates the law, an AI voice company told a federal judge in New York in a motion to dismiss the actors’ class complaint.
July 31, 2024
Authors’ UCL Claim Dismissed From ChatGPT Copyright Case

SAN FRANCISCO — A California federal judge on July 30 granted a motion by OpenAI Inc. and affiliates to dismiss authors’ claims that they violated California’s unfair competition law (UCL) by training artificial intelligence on copyrighted material after finding the claim preempted by federal copyright law.
July 31, 2024
ABA Opinion Expands Guidance On Use Of Artificial Intelligence

WASHINGTON, D.C. — The American Bar Association set guidelines and standards for the use of generative artificial intelligence, including how to properly handle fees and saying lawyers should be prepared to stay abreast of the technology as it emerges, including its benefits and risks.
July 30, 2024
Stability AI Wants Copyright Suit Sent To California

WILMINGTON, Del. — California federal court provides an all-around better location for an artificial intelligence copyright suit, Stability AI Ltd. and related entities told a federal judge in Delaware on July 29, saying that California provides better access to witnesses and evidence, a less congested court and an already pending suit involving similar allegations.
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.
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.
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.
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.