Duty of Care
A small newsletter on legaltech
AI
Copyright scholar Pamela Samuelson examines recent decisions in several AI copyright cases
OpenAI is being sued again by the family of a man who committed suicide after months of interaction with ChatGPT, one of seven lawsuits filed in California state courts against the company accusing it of inducing mental breakdowns (3) and wrongful death claims (4) [NY Times ($) | ChatGPT is Eating the World (with complaints) | WBFF | AP News | TechCrunch]
Two new lawsuits have been filed against OpenAI by a group of regional newspaper publishers and U.S. News, the former alleging mostly copyright-related claims (and including Microsoft as a co-defendant) while U.S. News is suing on the basis of copyright and trademark claims [Columbia Journalism Review | ChatGPT is Eating the World | California Newspaper Partnership docket & complaint | U.S. News docket & complaint]
Rapper Megan Thee Stallion won a defamation suit against a blogger who, among other actions, promoted a deepfake porn with Megan’s likeness [NBC News |
Warner Bros and its music labels have settled its portion of the copyright lawsuit against the developers of Sono, an AI-generated music app, and is partnering with the defendant on “next-generation licensed AI music” [ChatGPT is Eating the World | Rolling Stone | WB press release]
From the Wall Street Journal [$]: “An MIT Student Awed Top Economists With His AI Study—Then It All Fell Apart”
Miscellaneous
The Kids Online Safety Act (KOSA) has been revised by the House Energy and Commerce Committee to remove a duty of care requirement for online platforms
A computer-science student at Yale University managed to gain access to over 100,000 records on FileVine’s servers from a law firm; the vulnerability has been reported to the company and fixed [Alex Schapiro Blog post | Hacker News]
Long Reads
Chen, Yvonne and Gong, Jie and Li, Jin and Zhao, Zibo, Better Technology, Worse Motivation: GenAI's Mediocrity Trap (April 07, 2025) SSRN: https://ssrn.com/abstract=5208163 or http://dx.doi.org/10.2139/ssrn.5208163
Chopra, A., Bhattacharya, S., Salvador, D., Paul, A., Wright, T., Garg, A., Ahmad, F., Schwarze, A.C., Raskar, R. and Balaprakash, P., The Iceberg Index: Measuring Workforce Exposure Across the AI Economy (2025) arXiv preprint arXiv:2510.25137 [CNBC | MIT | CBS]
Cope, Kevin L. and Frankenreiter, Jens and Hirst, Scott and Posner, Eric A. and Schwarcz, Daniel and Thorley, Dane, Grading Machines: Can AI Exam-Grading Replace Law Professors? (December 03, 2025). Virginia Public Law and Legal Theory Research Paper No. 2025-80, Virginia Law and Economics Research Paper No. 2025-24, Minnesota Legal Studies Research Paper 2025-54, Available at SSRN: https://ssrn.com/abstract=5851362 or http://dx.doi.org/10.2139/ssrn.5851362
Katz, Ori and Zamir, Eyal, Law, Justice, and Artificial Intelligence. (October 10, 2025) SSRN: https://ssrn.com/abstract=5585290 or http://dx.doi.org/10.2139/ssrn.5585290