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April 27, 2023

Lawyer Ex Machina #41: going into finals

AI

Music and AI

  • Did you miss the viral 'heart on my sleeve' track produced with AI-generated soundalikes of Drake & The Weeknd before it was removed from TikTok and streaming services? CNN has a brief excerpt of the song in a video segment covering the controversy.

"Anyone with a modicum of technological ability can create a song in their house and have the voice of a famous singer on it, that is virtually indistinguishable from the original." - Jon Sarlin, CNN reporter

  • The music industry is already "roiling," and Google/YouTube, in particular, is in a sticky situation: should labels be able to use DMCA takedown notices, and should platforms follow them, when the label may not have copyright in an AI-generated, original song?


  • The Economist has a series of articles about GenAI, including one that goes into detail about how large language models work to generate text based on statistics.

  • Louisiana state judge Scott Schlegel has a several AI-generated videos that highlight the good and bad potential of the technology with the legal system.

  • The Supreme Court has denied a petition to hear a case brought by an AI developer who unsuccessfully sought to have inventions created by the AI patented in the U.S. [Supreme Court docket]

  • The USPTO held its East Coast listening session on AI inventorship earlier this week. [Reactions: Prof. Dennis Crouch/Patently-O | Law360 | IPWatchDog] The West Coast listening session on the same topic will be held at Stanford Law School on May 8th; the deadline to request to speak or attend live is May 2nd.

  • Infamous "Pharma Bro" and temporary Wu Tang album owner Martin Shkreli has released an AI chatbot to dispense medical advice, called Dr. Gupta

  • What legal websites went in to training GPT? There's a list.

  • OpenAI has introduced data controls that allow GPT users to opt out of saving chat history and having it used as training data.

  • Futurist Jaron Lanier believes that artificial intelligence (a term he hates) should be regulated on the principle of digital dignity.

  • The Center for American Progress has released a report on "The Needed Executive Actions to Address the Challenges of Artificial Intelligence"

Blockchain

  • Politico reports that a bill to regulate stablecoins (cryptocurrency that is tied to fiat currency) has lost bipartisan support and may be dead in the water.

  • Coinbase has filed a mandamus petition against the Securities and Exchange Commission "to provide guidance for the crypto industry." [Petition]

  • From Reuters: "Ex-OpenSea manager's trial kicks off in first NFT insider trading case."

Miscellaneous

  • The American Bar Association is being sued in a class action lawsuit over a March 2023 data breach. [Docket]

  • Maine legislators have reintroduced a bill regulating biometric privacy, modeled largely on Illinois' law.

  • A California appellate court has found that a "geofence warrant ... lacked the particularity required by the Fourth Amendment and was impermissibly overbroad." [EFF commentary | Case information]

Long-ish reads

  • Anne Lenhart, a policy fellow at George Washington University, has circulated a list of federal legislative proposals from the 117th Congress to address AI.

  • Margot E. Kaminski, "The Developing Law of AI Regulation: A Turn to Risk Regulation," The Digital Social Contract: A Lawfare Paper Series, LawFare, April 2023


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