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Mealey's Artificial Intelligence

  • September 12, 2024

    Government Seeks Rehearing After Appeals Court Revives AI Image Program Vendor’s Suit

    WASHINGTON, D.C. — A divided Federal Circuit U.S. Court of Appeals panel erred in concluding that courts have jurisdiction over a suit brought by a commercial vender of an artificial intelligence image and geospatial data program and in holding that the vender constituted an interested party despite never bidding on the project, the government tells the court in a petition for rehearing.

  • September 11, 2024

    AI Copyright Plaintiffs Oppose Midjourney’s Request For Trade Dress Clarification

    SAN FRANCISCO — Plaintiffs in an artificial intelligence image copyright suit told a court its ruling on several motions to dismiss already rejected AI creator Midjourney Inc.’s arguments, leaving nothing to address in the company’s motion for the court to clarify what “concrete elements” are in the plaintiffs’ trade dress.

  • September 10, 2024

    Judge Allows Experts’ Opinions On LLMs In Alexa Patent Case

    RICHMOND, Va. — An expert’s opinions on the availability of large language models (LLMs) when Amazon.com first released its Alexa assistant product are admissible, a federal judge in Virginia said in denying three motions to exclude under Daubert in a patent infringement lawsuit.

  • September 09, 2024

    California Poised To Give Celebrity Beneficiaries Protections From AI

    SACRAMENTO, Calif. — Celebrity beneficiaries are one step closer to having a cause of action for unauthorized artificial intelligence reproductions after both houses of the California Legislature passed a measure seeking to update the so-called “expressive works” exemption to the right of publicity.

  • September 09, 2024

    Criminal Indictment: Man Used AI Music To Steal $10M From Streaming Services

    NEW YORK — A man stole approximately $10 million in royalty payments from music streaming services through the use of billions of streams created by registering thousands of bot accounts and directing them to stream hundreds of thousands of artificial intelligence-created songs, according to an indictment filed in a federal court in New York.

  • September 06, 2024

    Concurring 11th Circuit Judge: AI May Have Role In Word, Phrase Interpretation

    JACKSONVILLE, Fla. — Despite some variability in their answers, artificial intelligences and large language models (LLMs) have a role to play in interpreting words and phrases and “may well serve a valuable auxiliary role as we aim to triangulate ordinary meaning,” an 11th Circuit U.S. Court of Appeals judge said in a Sept. 5 concurrence to an opinion affirming a two-level sentencing enhancement for physical restraint during an armed robbery case.

  • September 04, 2024

    California Assembly, Senate Pass Legislation Imposing Oversight Of AI Models

    SACRAMENTO, Calif. — California appears poised to enact legislation imposing safety guiderails on artificial intelligence models after a bill that underwent a series of amendments but largely breezed through committees passed the California Senate.  The vote sends the legislation to Gov. Gavin Newsom to sign.

  • September 03, 2024

    AI-Crafted Closing Argument Can’t Free Fugees Rapper From Lobbying Law Conviction

    WASHINGTON, D.C. — Artificial intelligence used in organizing a criminal case and crafting closing arguments attributed a song to the wrong artist, but a former rapper with the band Fugees accused of lobbying violations never explains how such an error prejudiced him or otherwise resulted in his conviction, a federal judge in the District of Columbia said Aug. 30 in denying a motion for a new trial.

  • August 20, 2024

    COMMENTARY: You Can’t Spell Claim Construction Without AI

    By Jonah Mitchell and Charlie Rieder

  • August 30, 2024

    Judge Relates Suits Over YouTube Video AI Training

    SAN FRANCISCO — A federal judge in California related two California unfair competition law (UCL) cases brought by a man who claims companies illegally downloaded and transcribed YouTube videos for use in training their artificial intelligences.

  • August 29, 2024

    Judge Denies Motion To Dismiss SEC’s ‘Pyramid Scheme’ Claims Against AI Company

    ORLANDO, Fla. — A federal judge in Florida denied an artificial intelligence startup and its founder’s motion to dismiss claims brought against them by the Securities and Exchange Commission, finding that the SEC adequately alleged that the company and its founder lured investors with false promises of early access to profits from an AI “ecosystem.”

  • August 29, 2024

    Dialysis Provider Apprises Court Of Potential AI Discovery Concerns

    COLUMBUS, Ohio — A dialysis center says a health plan may be employing artificial intelligence in discovery without consultation or permission, telling the federal judge in Ohio overseeing its Employee Retirement Income Security Act (ERISA) case in a joint status report that the plan’s production of hundreds of thousands of documents is moving along at a “glacial” pace without any apparent intent to meet obligations in a stipulation.  In their portion of the report, the health plan defendants say they disclosed their intent to use a “computer-assisted platform,” that even evidence identified by such tools requires validation and that perceived problems with production ignore those difficulties and the likelihood that deadlines will be met.

  • August 29, 2024

    AI Copyright Suit Should Stay In Delaware, Getty Images Argues

    WILMINGTON, Del. — An artificial intelligence image copyright lawsuit lacks any connection to the defendants’ preferred forum of California, and in the event the suit is sent out west, plaintiff Getty Images [US] Inc. would oppose consolidation with pending litigation, rendering any potential efficiencies “illusory,” Getty says in a brief in opposition to a renewed motion to transfer filed in Delaware federal court.

  • August 28, 2024

    Judge Warns Against AI Use But Adopts Ruling Allowing Pro Se Action

    NEW YORK — Two credit reporting companies must face a pro se action after a New York federal judge overruled objections to a report and recommendation, but expressed concern about the plaintiff’s potential use of artificial intelligence in briefing and reiterated that future instances of its use could result in sanctions.

  • August 27, 2024

    Judge Sets Briefing Over ChatGPT-Created ‘Gobbledygook’ Admission In Stock Case

    NEW YORK — A federal judge in New York overseeing a “pump and dump” stock case on Aug. 26 set deadlines for a pretrial motion, saying he hopes for prompt resolution of a dispute in which the government portrayed some of the evidence a man hopes to introduce under the hearsay exception as ChatGPT-created “gobbledygook.”

  • August 23, 2024

    Justice Department Sues Rental Market Software Company Over Antitrust Violations

    GREENSBORO, N.C. — The U.S. Department of Justice and attorneys general of eight states on Aug. 23 filed an antitrust suit against RealPage Inc., a commercial revenue management software company, alleging that RealPage uses nonpublic information obtained from landlords and runs the information through its algorithmic software to align pricing, thereby impeding the free market process.

  • August 21, 2024

    Anthropic Faces 1st AI Copyright Suit From Authors

    SAN FRANCISCO — Three authors filed a class action against Anthropic PBC in a California federal court claiming that the company’s business model consists of “largescale theft” of “hundreds of thousands of copyrighted books” so that it can train its artificial intelligence.

  • August 20, 2024

    Judges Authoring Dissent, Concurrence Warn About AI Impact On Evidence Rules

    BALTIMORE — Maryland Supreme Court judges authoring a concurrence and dissent in a criminal case affirming admission of video evidence based on circumstantial evidence and the reasonable juror standard issued warnings about the potential impact on court rules and procedures from the “age of artificial intelligence,” saying courts will grapple with the issues sooner rather than later.

  • August 16, 2024

    Nvidia Skirted Rules, Illegally Trained AI On YouTube Videos, Man Claims

    SAN FRANCISCO — Nvidia Corp., a company valued at $2.4 trillion, trained its Cosmos artificial intelligence by scraping millions of YouTube videos without obtaining consent or compensating creators behind the videos in violation of the California unfair competition law (UCL), a man claims in a class action filed in federal court.

  • August 16, 2024

    California Sues AI Websites Designed To ‘Nudify’ Women, Girls

    SAN FRANCISCO — California on Aug. 15 sued the owners of the 16 most popular artificial intelligence websites designed to create and distribute deepfake nudes of women and girls, hitting the websites and various Doe defendants with claims under the state’s unfair competition law.

  • August 15, 2024

    News Outlets Say Stable Diffusion AI Ruling Supports Copyright Case

    NEW YORK — A ruling allowing induced copyright infringement claims and finding Stable Diffusion artificial intelligence itself an infringing work applies to contributory infringement claims alleging that ChatGPT memorized works and will output “near-verbatim” replicas, news outlets argue in an Aug. 14 notice of supplemental authority.

  • 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.