News and Analysis of Artificial Intelligence Technology Legal Issues
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Civil Litigation Discovery Approaches in the Era of Advanced Artificial Intelligence Technologies

For nearly as long as computers have existed, litigators have used software-generated machine output to buttress their cases, and courts have had to manage a host of machine-related evidentiary issues, including deciding whether a machine’s output, or testimony based on the output, could fairly be admitted as evidence and to what extent. Today, as litigants begin contesting cases involving aspects of so-called intelligent machines–hardware/software systems endowed with machine learning algorithms and other artificial intelligence-based models–their lawyers and the judges overseeing their cases may need to rely on highly-nuanced discovery strategies aimed at gaining insight into the nature of those algorithms,…

At the Intersection of AI, Face Swapping, Deep Fakes, Right of Publicity, and Litigation

Websites like GitHub, Reddit and others offer developers and hobbyists dozens of repositories containing artificial intelligence deep learning models, instructions for their use, and forums for learning how to “face swap,” a technique used to automatically replace a face of a person in a video with that of a different person. Older versions of face swapping, primarily used on images, have been around for years in the form of entertaining apps that offered results with unremarkable quality (think cut and paste at its lowest, and photoshop editing at a higher level). With the latest AI models, however, including deep neural…

Artificial Intelligence Won’t Achieve Legal Inventorship Status Anytime Soon

Imagine a deposition in which an inventor is questioned about her conception and reduction to practice of an invention directed to a chemical product worth billions of dollars to her company. Testimony reveals how artificial intelligence software, assessing huge amounts of data, identified the patented compound and the compound’s new uses in helping combat disease. The inventor states that she simply performed tests confirming the compound’s qualities and its utility, which the software had already determined. The attorney taking the deposition moves to invalidate the patent on the basis that the patent does not identify the true inventor. The true…

Marketing “Artificial Intelligence” Needs Careful Planning to Avoid Trademark Troubles

As the market for all things artificial intelligence continues heating up, companies are looking for ways to align their products, services, and entire brands with “artificial intelligence” designations and phrases common in the surging artificial intelligence industry, including variants such as “AI,” “deep,” “neural,” and others. Reminiscent of the dot.com era of the early 2000’s, when companies rushed to market with “i-” or “e-” prefixes or appended “.com” names, today’s artificial intelligence startups are finding traction with artificial intelligence-related terms and corresponding “.AI” domains. The proliferation of AI marketing, however, may lead to brand and domain disputes. But a carefully-planned…