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,…

When It’s Your Data But Another’s Stack, Who Owns The Trained AI Model?

Cloud-based machine learning algorithms, made available as a service, have opened up the world of artificial intelligence to companies without the resources to organically develop their own AI models. Tech companies that provide these services promise to help companies extract insights from the company’s unique customer, employee, product, business process, and other data, and to use those insights to improve decisions, recommendations, and predictions without the company having an army of data scientists and full stack developers. Simply open an account, provide data to the service’s algorithms, train and test an algorithm, and then incorporate the final model into the…