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

Mealey's Artificial Intelligence

October 20, 2023
Judge Denies Injunction In UCL Health Care Data Case Against Google

SAN JOSE, Calif. — Plaintiffs’ privacy and California unfair competition law (UCL) claims appear to turn on whether Google LLC simply acquires health information as a vendor or actually uses that data in some fashion, a federal judge said while concluding that the balance of hardships weighs against granting a motion for a preliminary injunction. In their complaint, the plaintiffs allege that Google’s own artificial intelligence suggested that Google’s collection of health data might run afoul of various laws.
October 19, 2023
Stability AI Defendants Say Remorse Over Share Sale Can’t Form Basis Of Suit

SAN FRANCISCO — A former minority stakeholder in an artificial intelligence company clearly regrets selling shares now that the company successfully pivoted to image creation, but that is no reason to haul diverse defendants into a California court, Stability AI Inc. and two other defendants tell a California federal court in urging dismissal on Oct. 16.
October 19, 2023
Google: UCL Plaintiffs Can’t Show Violations, Injury In Bard AI Chatbot Case

SAN FRANCISCO — Class action plaintiffs who complain that Google LLC trained artificial intelligence chatbot Bard on personal and copyrighted information trade “prolixity for precision,” fail to allege a privacy or property interest in material publicly posted on the internet and lack sufficient allegations that they read a privacy policy or can demonstrate an underlying statutory violation, the company says in a motion to dismiss unfair competition law (UCL), copyright and other claims filed in a California federal court.
October 18, 2023
Convicted Fugees Rapper: Attorney Crafted Closings With Artificial Intelligence

WASHINGTON, D.C. — An attorney crafted closing arguments with an experimental artificial intelligence and then bragged about the time and effort it saved, likely because he owned an undisclosed piece of the proprietary software and despite the deficiencies in the resulting arguments, former Fugees band member Prakazrel Michel tells a federal judge in the District of Columbia in seeking a new trial after being convicted of lobbying and campaign finance violations.
October 17, 2023
Radio Host Parries ChatGPT Defamation Suit Challenges

ATLANTA — Recent Georgia Supreme Court precedent warrants finding that OpenAI LLC’s decision to register to do business in the state subjects it to jurisdiction, and the court should ignore the company’s references to material outside the complaint and deny a motion to dismiss, a man who claims that the company’s artificial intelligence defamed him says in an Oct. 16 opposition.
October 16, 2023
Draft Legislation Would Ban AI-Created Digital Replicas

WASHINGTON, D.C. — Draft legislation circulating in Congress would give individuals property rights over their likenesses and voices and ban unauthorized uses created by artificial intelligence.
October 13, 2023
Man Appeals Ruling That Copyright Can’t Protect AI Art

WASHINGTON, D.C. — A man found to have “put the cart before the horse” has appealed a holding by a District of Columbia federal judge that copyright law at its core historically requires a human creator and cannot protect art created by artificial intelligence (AI).
October 13, 2023
Judge: ChatGPT’s Definition Of Foam Not A Home Run In Softball Bat Patent Case

CHARLESTON, S.C. — Because artificial intelligence ChatGPT did not exist in 2019 when a man registered a patent “the court would be taking its eye off the ball if it applied the ChatGPT definition” of foam as used in a patent case involving softball bat designs, a federal judge in South Carolina said while denying a motion for a preliminary injunction enjoining infringement.
October 13, 2023
ChatGPT Makers Claim Writers’ Copyright Claims Inapplicable To AI Tech

SAN FRANCISCO — OpenAI Inc. and affiliated companies that developed the ChatGPT artificial intelligence (AI) program filed a reply in California federal court in support of their motion to dismiss two putative class actions for copyright infringement and other claims brought by copyright holders, urging the court to reject the plaintiffs’ “erroneous” theory “that every single output of ChatGPT is a prima facie copyright infringement.”
October 13, 2023
FDA Forms Committee With Eye On Digital Health, AI Technologies

WASHINGTON, D.C. — The Food and Drug Administration on Oct. 11 announced the formation of an advisory committee investigating digital health technologies such as artificial intelligence (AI) and related advancements.
October 10, 2023
Appellee Says Fake Cites, Wrong Court Rule Suggest Artificial Intelligence Use

SANTA ANA, Calif. — A case stands ready for California appellate review after a party told the court that incorrect case cites and references to a court rule that does not exist suggest that appellants challenging a receiver’s final report drafted a brief with artificial intelligence.
October 10, 2023
Justice Finds AI DNA Testing Tool Admissible In New York Murder Case

BROOKLYN, N.Y. — The fact that an artificial intelligence program used to identify and match DNA and solve a cold-case murder has come under criticism can be investigated on cross-examination but is not grounds to exclude the testing done by the program, a New York justice said in denying a motion to exclude.
October 09, 2023
OpenAI Withdraws Removal Of ChatGPT Defamation Case

ATLANTA — Artificial intelligence company OpenAI LLC told a federal judge in Georgia on Oct. 6 that it could not identify each member and the citizenship of its limited liability corporation and therefore would withdraw its notice of removal in a case claiming that ChatGPT defamed a man by mistakenly identifying him as the target of a lawsuit alleging financial misconduct.
October 09, 2023
Delaware Launches Commission To Study AI’s Impact On Courts

WILMINGTON, Del. — The Delaware Supreme Court relaunched a commission that will focus its efforts on technological advances and their impacts on the courts, including the use of artificial intelligence.
October 04, 2023
AI Health Care Company’s ‘Patient Stories’ Handling Led To Data Breach, Suit Says

BOSTON — An artificial intelligence (AI) company specializing in health care “patient stories” failed to adequately secure the private health information it obtained, resulting in a data breach releasing patient medical records and other related information, a woman claims in a putative class action in Massachusetts federal court.
October 03, 2023
Judge: Statements That AI Lending Platform Is ‘Magical’ Were Optimistic, Puffery

CINCINNATI — Claims that a lending platform’s artificial intelligence’s “magical” abilities would “shine” during periods of risk are nothing more than optimistic statements and puffery, while claims that its model could approve more loans at lower rates than traditional systems during such times are verifiable and actionable, a federal judge in Ohio said in partly granting motions to dismiss a securities class action.
September 29, 2023
Copyright Holders Opposing Dismissal Say AI Companies Want To ‘Rewrite’ Law

SAN FRANCISCO — A group of copyright holders including comedian Sarah Silverman filed a brief opposing OpenAI Inc. and affiliated companies’ motion to dismiss their putative class action for copyright infringement, urging the court to reject OpenAI’s “misleading and self-serving reframing of the U.S. Copyright Act” and contending that its use of their works to train its ChatGPT AI program infringed on their copyrights.
September 28, 2023
‘Messy’ Facts In AI Legal Research Copyright Case Send Matter To Trial

WILMINGTON, Del. — Because the facts remain “messy,” the bulk of a case alleging that Ross Intelligence Inc. improperly trained its artificial intelligence (AI) on copyrighted material owned by legal research platform Westlaw is heading to trial after a federal judge in Delaware denied a handful of summary judgment motions.
September 26, 2023
With Pending Settlement In Clearview Biometrics MDL, Discovery Motions Denied

CHICAGO — In the wake of a tentative settlement announcement by the parties in a multidistrict litigation alleging violations of the Illinois Biometric Information Privacy Act (BIPA) by artificial intelligence firm Clearview AI Inc., the magistrate judge overseeing discovery denied as moot motions for sanctions and a protective order and returned the case to the assigned presiding judge in Illinois federal court.
September 07, 2023
COMMENTARY: Considerations For Governance Of Generative AI

By Michael Kearney, Tara Emory and Sabrina Lozano
September 25, 2023
Judge Relates Authors’ AI Suits Against Meta For Copyright Infringement

SAN FRANCISCO — A California federal judge on Sept. 22 brought a putative class action against Meta Platforms Inc. for copyright infringement in its training of its artificial intelligence software filed by authors including Michael Chabon into the docket of a similar suit filed by a group of writers including comedian Sarah Silverman, who had moved to relate the cases.
September 25, 2023
OpenAI Given 1 Last Chance To Defend Jurisdiction In AI Defamation Case

ATLANTA — Artificial intelligence company OpenAI LLC’s response to an order to show cause does not adequately name the members of its limited liability corporation or sufficiently state their citizenship, a federal judge in Georgia said in a Sept. 22 docket order warning that unless the company files a single document laying out the necessary facts, he would remand the defamation case.
September 25, 2023
AI Company: Health Care Startup Stole Sci-Fi-Based Trademark

NEW YORK — A startup health care company that uses artificial intelligence to tailor treatments skipped the hard part of earning its own reputation and instead simply stole an existing and completely unique name and established trademark in an effort to confuse consumers, an artificial intelligence technology company tells a New York federal court.
September 22, 2023
Employees Torpedoing AI Business Platform, Companies Say

WILMINGTON, Del. — Three current and former employees of an artificial intelligence-based business intelligence platform took deliberate steps to torpedo a business by interfering with its functions and threatening to steal its intellectual property in retaliation for debts allegedly owed to them, two companies claim in a Sept. 21 opening brief seeking a temporary restraining order in the Delaware Chancery Court.
September 22, 2023
AI Health Care Company Seeks To Defend Common-Law Trademark

SAN FRANCISCO — A company’s registration of an already-in-use trademark and its intention to use the mark going forward sow confusion and tie the name’s existing goodwill to a disreputable entrepreneur in violation of the California unfair competition law (UCL), among others, a company hoping to use artificial intelligence in the medical education space says in a complaint.