Showing posts with label IP. Show all posts
Showing posts with label IP. Show all posts

Monday, September 8, 2025

Class-Wide Relief:The Sleeping Bear of AI Litigation Is Starting to Wake Up; Intellectual Property & Technology Law Journal, October 2025

Anna B. Naydonov, Mark Davies and Jules Lee, Intellectual Property &Technology Law Journal; Class-Wide Relief:The Sleeping Bear of AI Litigation Is Starting to Wake Up

"Probably no intellectual property (IP) topic in the last several years has gotten more attention than the litigation over the use of the claimed copyrighted content in training artificial intelligence (AI) models.The issue of whether fair use applies to save the day for AI developers is rightfully deemed critical, if not existential, for AI innovation. But whether class relief – and the astronomical damages that may come with it – is available in these cases is a question of no less significance."

Saturday, September 6, 2025

Big Questions About AI and the Church Video; August 25, 2025

Big Questions About AI and the Church Video

Kip Currier: This Big Questions About AI and the Church video (1:12:14) was created by the members of my cohort and me (Cohort 7). Our cohort emanated from the groundbreaking August 2024 ecumenical AI & The Church Summit in Seattle that we all attended.

Perhaps raising more questions than providing answers, the video's aim is to encourage reflection and discussion of the many-faceted issues and concerns at the nexus of AI, faith communities, and our broader societies.

Many thanks to our cohort member Rev. Dr. Andy P. Morgan for spearheading, synthesizing, and uploading this video to YouTube. 

Saturday, August 30, 2025

DHS references Mexican IndyCar driver to promote ‘Speedway Slammer’ detention center; The Guardian, August 7, 2025

 Agencies , The Guardian; DHS references Mexican IndyCar driver to promote ‘Speedway Slammer’ detention center


[Kip Currier: Not only is this statement by a DHS spokesperson factually inaccurate, as there's a cogent argument these actions by DHS may negatively impact trademark rights (and rights of publicity) -- “An AI generated image of a car with ‘ICE’ on the side does not violate anyone’s intellectual property rights" -- it's also morally offensive to either recklessly or intentionally appropriate without permission the racing number of one of the top Mexican drivers for use in a DHS promotion that demeans human beings.]


[Excerpt]

"IndyCar driver Pato O’Ward and series officials were shocked by a social media post from the Department of Homeland Security that touts plans for an immigration detention center in Indiana dubbed “Speedway Slammer.” It includes a car with the same number as that of O’Ward, the only Mexican driver in the series.

“It caught a lot of people off guard. Definitely caught me off guard,” O’Ward said Wednesday. “I was just a little bit shocked at the coincidences of that and, you know, of what it means ... I don’t think it made a lot of people proud, to say the least.”

The post on Tuesday included an AI-generated image of a IndyCar-style vehicle with O’Ward’s No 5 that has “ICE” stamped on it. In the image, the car is in front of a jail...

“We were unaware of plans to incorporate our imagery as part of yesterday’s announcement,” IndyCar said in a statement Wednesday. “Consistent with our approach to public policy and political issues, we are communicating our preference that our IP not be utilized moving forward in relation to this matter.”

A DHS spokesperson said it would not change the social media post. “An AI generated image of a car with ‘ICE’ on the side does not violate anyone’s intellectual property rights. Any suggestion to the contrary is absurd,” the spokesperson said in statement. “DHS will continue promoting the ‘Speedway Slammer’ as a comprehensive and collaborative approach to combatting illegal immigration.”

Saturday, August 23, 2025

Watering down Australia’s AI copyright laws would sacrifice writers’ livelihoods to ‘brogrammers’; The Guardian, August 11, 2025

 Tracey Spicer, The Guardian; Watering down Australia’s AI copyright laws would sacrifice writers’ livelihoods to ‘brogrammers’

"My latest book, which is about artificial intelligence discriminating against people from marginalised communities, was composed on an Apple Mac.

Whatever the form of recording the first rough draft of history, one thing remains the same: they are very human stories – stories that change the way we think about the world.

A society is the sum of the stories it tells. When stories, poems or books are “scraped”, what does this really mean?

The definition of scraping is to “drag or pull a hard or sharp implement across (a surface or object) so as to remove dirt or other matter”.

A long way from Brisbane or Bangladesh, in the rarefied climes of Silicon Valley, scrapers are removing our stories as if they are dirt.

These stories are fed into the machines of the great god: generative AI. But the outputs – their creations – are flatter, less human, more homogenised. ChatGPT tells tales set in metropolitan areas in the global north; of young, cishet men and people living without disability.

We lose the stories of lesser-known characters in remote parts of the world, eroding our understanding of the messy experience of being human.

Where will we find the stories of 64-year-old John from Traralgon, who died from asbestosis? Or seven-year-old Raha from Jaipur, whose future is a “choice” between marriage at the age of 12 and sexual exploitation?

OpenAI’s creations are not the “machines of loving grace” envisioned in the 1967 poem by Richard Brautigan, where he dreams of a “cybernetic meadow”.

Scraping is a venal money grab by oligarchs who are – incidentally – scrambling to protect their own intellectual property during an AI arms race.

The code behind ChatGPT is protected by copyright, which is considered to be a literary work. (I don’t know whether to laugh or cry.)

Meta has already stolen the work of thousands of Australian writers.

Now, our own Productivity Commission is considering weakening our Copyright Act to include an exemption for text and data mining, which may well put us out of business.

In its response, The Australia Institute uses the analogy of a car: “Imagine grabbing the keys for a rental car and just driving around for a while without paying to hire it or filling in any paperwork. Then imagine that instead of being prosecuted for breaking the law, the government changed the law to make driving around in a rental car legal.”

It’s more like taking a piece out of someone’s soul, chucking it into a machine and making it into something entirely different. Ugly. Inhuman.

The commission’s report seems to be an absurdist text. The argument for watering down copyright is that it will lead to more innovation. But the explicit purpose of the Copyright Act is to protect innovation, in the form of creative endeavour.

Our work is being devalued, dismissed and destroyed; our livelihoods demolished.

In this age of techno-capitalism, it appears the only worthwhile innovation is being built by the “brogrammers”.

US companies are pinching Australian content, using it to train their models, then selling it back to us. It’s an extractive industry: neocolonialism, writ large."

Saturday, August 16, 2025

Larry Ellison Wants to Do Good, Do Research and Make a Profit; The New York Times, August 12, 2025

 Theodore Schleifer and , The New York Times; Larry Ellison Wants to Do Good, Do Research and Make a Profit

"Mr. Ellison has rarely engaged with the community of Giving Pledge signers, according to two people with knowledge of the matter. He has cherished his autonomy and does not want to be influenced to support Mr. Gates’s causes, one of the people said, while also sensitive to any idea that he is backing off the pledge.

But the stakes of Mr. Ellison’s message on X are enormous. His fortune is about 10 times what it was when he signed the pledge as the software company he founded, Oracle, rides the artificial intelligence boom. Mr. Ellison controls a staggering 40-plus percent of the company’s stock...

“Oxford, Cambridge and the whole university sector are under pressure to capitalize on intellectual property because of long-running government policy belief that the U.K. has fallen behind economically,” said John Picton, an expert in nonprofit law at the University of Manchester."

Monday, August 11, 2025

Invention-Con 2025: Empowering American ingenuity and innovation; United States Patent and Trademark Office (USPTO), September 9-10, 2025

United States Patent and Trademark Office (USPTO) ; Invention-Con 2025: Empowering American ingenuity and innovation

"Do you want to grow your intellectual property (IP) knowledge and gain access to IP and business experts, accomplished innovators, and inspiring entrepreneurs? Join us for the USPTO's free flagship conference for inventors, makers, and entrepreneurs. Don’t miss Invention-Con 2025, coming to you virtually September 9-10 from 1:00 – 3:30 p.m. ET daily. Tailored for the independent inventor and entrepreneur community, our marquee event brings inspiration and IP experts directly to you.

  • Learn from accomplished innovators, inventors, entrepreneurs, and business owners how to use IP to achieve success.

  • Discover resources available to assist at every stage of your journey.

  • Connect with IP and business experts who can help you develop a strategy for your innovation, from idea to market."

Thursday, July 31, 2025

The AI Patent Revolution: Why Young Professionals Should Think Like Inventors; Forbes, July 31, 2025

Arvin Patel, , Forbes; The AI Patent Revolution: Why Young Professionals Should Think Like Inventors

"While headlines warn of artificial intelligence replacing millions of jobs, they overlook a fundamental shift occurring right under our noses: The surge in AI innovation is generating unprecedented demand at the United States Patent and Trademark Office (USPTO). Major corporations are also actively seeking employees who understand both AI capabilities and intellectual property strategy. These aren't jobs that AI will replace—they're jobs that exist because of AI."

Tuesday, July 29, 2025

How an M&M Sparked the Search for the Next Perfect Peanut; The New York Times, July 24, 2025

 , The New York Times; How an M&M Sparked the Search for the Next Perfect Peanut

"As one of the largest privately held companies in the United States, Mars approaches agricultural research differently than many corporations. Like open-source software, the information its research produces is available for anyone to use or share with no patents or intellectual property rights standing in the way. The company has invested in similar research in cacao and mint, two other crops Mars cannot survive without.

It’s the way Forrest Mars, Sr., the billionaire who invented M&Ms, would have wanted it, Mars scientists say. In 1947 he declared mutuality — the idea that Mars’s success should also benefit others — as one of the company’s five core principles. It still guides the company, which had nearly $50 billion in sales in 2024. And it’s why they are all in on the Wild Peanut Lab."

Friday, July 25, 2025

Mark Cuban says the AI war ‘will get ugly’ and intellectual property ‘is KING’ in the AI world; Fortune, July 22, 2025

SYDNEY LAKE, Fortune; Mark Cuban says the AI war ‘will get ugly’ and intellectual property ‘is KING’ in the AI world

"Major tech companies are battling for AI dominance, pouring tens of billions into infrastructure and offering sky-high compensation packages. Billionaire investor Mark Cuban notes this new phase will see firms locking down valuable AI innovations and expertise rather than sharing them."

Wednesday, July 9, 2025

Viewpoint: Don’t let America’s copyright crackdown hand China global AI leadership; Grand Forks Herald, July 5, 2025

 Kent Conrad and Saxby Chambliss , Grand Forks Herald; Viewpoint: Don’t let America’s copyright crackdown hand China global AI leadership


[Kip Currier: The assertion by anti-AI regulation proponents, like the former U.S. congressional authors of this think-piece, that requiring AI tech companies to secure permission and pay for AI training data will kill or hobble U.S. AI entrepreneurship is hyperbolic catastrophizing. AI tech companies can license training data from creators who are willing to participate in licensing frameworks. Such frameworks already exist for music copyrights, for example. AI tech companies just don't want to pay for something if they can get it for free.

AI tech companies would never permit users to scrape up, package, and sell their IP content for free. Copyright holders shouldn't be held to a different standard and be required to let tech companies monetize their IP-protected works without permission and compensation.]

Excerpt]

"If these lawsuits succeed, or if Congress radically rewrites the law, it will become nearly impossible for startups, universities or mid-size firms to develop competitive AI tools."

Friday, June 13, 2025

How Disney’s AI lawsuit could shift the future of entertainment; The Washington Post, June 11, 2025

 

, The Washington Post ; How Disney’s AI lawsuit could shift the future of entertainment

"The battle over the future of AI-generated content escalated on Wednesday as two Hollywood titans sued a fast-growing AI start-up for copyright infringement.

Disney and Universal, whose entertainment empires include Pixar, Star Wars, Marvel and Despicable Me, sued Midjourney, claiming it wrongfully trained its image-generating AI models on the studios’ intellectual property.

They are the first major Hollywood studios to file copyright infringement lawsuits, marking a pivotal moment in the ongoing fight by artists, newspapers and content makers to stop AI firms from using their work as training data — or at least make them pay for it."

Wednesday, May 21, 2025

Most AI chatbots easily tricked into giving dangerous responses, study finds; The Guardian, May 21, 2025

   , The Guardian; Most AI chatbots easily tricked into giving dangerous responses, study finds

"Hacked AI-powered chatbots threaten to make dangerous knowledge readily available by churning out illicit information the programs absorb during training, researchers say.

The warning comes amid a disturbing trend for chatbots that have been “jailbroken” to circumvent their built-in safety controls. The restrictions are supposed to prevent the programs from providing harmful, biased or inappropriate responses to users’ questions.

The engines that power chatbots such as ChatGPT, Gemini and Claude – large language models (LLMs) – are fed vast amounts of material from the internet.

Despite efforts to strip harmful text from the training data, LLMs can still absorb information about illegal activities such as hacking, money laundering, insider trading and bomb-making. The security controls are designed to stop them using that information in their responses.

In a report on the threat, the researchers conclude that it is easy to trick most AI-driven chatbots into generating harmful and illegal information, showing that the risk is “immediate, tangible and deeply concerning”...

The research, led by Prof Lior Rokach and Dr Michael Fire at Ben Gurion University of the Negev in Israel, identified a growing threat from “dark LLMs”, AI models that are either deliberately designed without safety controls or modified through jailbreaks. Some are openly advertised online as having “no ethical guardrails” and being willing to assist with illegal activities such as cybercrime and fraud."

Sunday, May 18, 2025

Intellectual property is our bedrock; Daily Journal, May 17, 2025

 Phil Kerpen, Daily Journal; Intellectual property is our bedrock

"Elon Musk is probably the second-most powerful man in the world these days, so when he responded to Twitter co-founder Jack Dorsey’s “delete all IP law” post with “I agree,” we need to take this radical proposal seriously.

Musk and Dorsey want their AI bots to remix all the world’s content without having to worry about who owns it, but it’s important that we slow down and start from first principles, or we risk undermining one of the foundations of our Constitution and economic system.

The moral case for IP was already powerfully articulated prior to American independence by John Locke. In his 1694 memorandum opposing the renewal of the Licensing Act, Locke wrote: “Books seem to me to be the most proper thing for a man to have a property in of any thing that is the product of his mind,” which is no doubt equally true of more modern creative works. Unlike physical property, which is a mixture of an individual’s work effort and the pre-existing natural world, creative works are the pure creation of the human mind. How could they not then properly be owned by their authors?

The Constitution cements this truth. Article I, Section 8 empowers Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” This clause isn’t incidental; it’s a deliberate choice to recognize inventors and authors properly have a property right in their creations and is the only right expressly protected in the base text of the Constitution, before the Bill of Rights was added...

Deleting all IP law is like banning free speech to stop misinformation — it might narrowly accomplish its goal, but only by destroying what we ought to be protecting."

Wednesday, May 7, 2025

ASU Law launches Wolin Family Center for Intellectual Property Law; ASU News, May 6, 2025

Kourtney Kelley, ASU News; ASU Law launches Wolin Family Center for Intellectual Property Law

"The Sandra Day O’Connor College of Law at Arizona State University has launched the Wolin Family Center for Intellectual Property Law — a groundbreaking initiative designed to shape the future of intellectual property law through legal education and industry collaboration.

With a robust curriculum, hands-on experiential learning and strategic partnerships, the Wolin Center will serve as a national leader in preparing the next generation of attorneys to navigate the rapidly evolving IP landscape. 

The center will focus on core areas of IP law — including patents, trademarks, copyrights and trade secrets — while also tackling emerging opportunities such as AI-generated content, digital copyright and data privacy...

The center is named for Harry and Tracy Wolin, who met in the Phoenix area while working in Motorola’s intellectual property department. Harry retired in 2024 from AMD, a Silicon Valley-based semiconductor company, where he was senior vice president, general counsel and corporate secretary for more than 20 years. Prior to becoming general counsel in 2003, Harry was vice president of intellectual property. He is an alumnus of ASU Law, having graduated with his JD in 1988."

Monday, April 21, 2025

2025 International IP Index; U.S. Chamber of Commerce, April 15, 2025

 U.S. Chamber of Commerce; 2025 International IP Index

"The U.S. Chamber’s International IP Index (IP Index) creates a roadmap for economies seeking to strengthen the ecosystem for innovation and creativity through more effective intellectual property (IP) standards. 

The 13th IP Index evaluates intellectual property systems across the world's top 55 economies using 53 unique criteria. The data shows economies how to improve IP-driven innovation and creativity and reveals trends in global IP protection.  

The IP Index also serves as a guide to world leaders on proven methods to champion innovation and creativity at home. With this data, they can see what's working, what's not, and what changes are needed to ensure a brighter future."

Monday, February 17, 2025

Copyright battles loom over artists and AI; Financial Times, February 16, 2025

louise.lucas@ft.com, Financial Times ; Copyright battles loom over artists and AI

"Artists are the latest creative industry to gripe about the exploitative nature of artificial intelligence. More than 3,000 have written to protest against plans by Christie’s to auction art created using AI."

Saturday, February 8, 2025

OpenAI says DeepSeek ‘inappropriately’ copied ChatGPT – but it’s facing copyright claims too; The Conversation, February 4, 2025

Senior Lecturer in Natural Language Processing, The University of Melbourne, The University of Melbourne , Lecturer in Cybersecurity, The University of Melbourne, The Conversation; OpenAI says DeepSeek ‘inappropriately’ copied ChatGPT – but it’s facing copyright claims too

"Within days, DeepSeek’s app surpassed ChatGPT in new downloads and set stock prices of tech companies in the United States tumbling. It also led OpenAI to claim that its Chinese rival had effectively pilfered some of the crown jewels from OpenAI’s models to build its own. 

In a statement to the New York Times, the company said: 

We are aware of and reviewing indications that DeepSeek may have inappropriately distilled our models, and will share information as we know more. We take aggressive, proactive countermeasures to protect our technology and will continue working closely with the US government to protect the most capable models being built here.

The Conversation approached DeepSeek for comment, but it did not respond.

But even if DeepSeek copied – or, in scientific parlance, “distilled” – at least some of ChatGPT to build R1, it’s worth remembering that OpenAI also stands accused of disrespecting intellectual property while developing its models."

Saturday, January 25, 2025

Copyright Under Siege: How Big Tech Uses AI And China To Exploit Creators; Virginie Berger, January 25, 2025

Virginie Berger

, Forbes; Copyright Under Siege: How Big Tech Uses AI And China To Exploit Creators

"Generative AI is reshaping creativity in ways that highlight a troubling paradox: while touted as a force for innovation, it increasingly relies on exploiting copyrighted materials, songs, books, and artworks, without consent or compensation. This transformation underscores the growing conflict between technological progress and the preservation of artistic integrity. At the heart of the issue lies a troubling paradox: while companies like OpenAI and Google promote AI as a force for innovation, their reliance on scraping copyrighted materials, songs, books, and artworks, undermines the very creativity they claim to enhance. This exploitation is often disguised as progress or justified as necessary for global competitiveness, particularly in the AI race against China. However, these claims mask a deeper reality: the consolidation of power by Big Tech at the expense of creators. As the balance of influence shifts, those who drive culture and innovation are increasingly marginalized, raising urgent questions about the future of intellectual property and creative industries."

Tuesday, January 14, 2025

USPTO announces new Artificial Intelligence Strategy to empower responsible implementation of innovation; United States Patent and Trademark Office (USPTO), January 14, 2025

United States Patent and Trademark Office (USPTO) ; USPTO announces new Artificial Intelligence Strategy to empower responsible implementation of innovation 

"AI Strategy outlines how the USPTO will address AI's impact across IP policy, agency operations, and the broader innovation ecosystem  

WASHINGTON—The U.S. Patent and Trademark Office (USPTO) announced a new Artificial Intelligence (AI) Strategy to guide the agency’s efforts toward fulfilling the potential of AI within USPTO operations and across the intellectual property (IP) ecosystem. The Strategy offers a vision for how the USPTO can foster responsible and inclusive AI innovation, harness AI to support the agency’s mission, and advance a positive future for AI to ensure that the country maintains its leadership in innovation. 

“We have a responsibility to promote, empower, and protect innovation,” said Derrick Brent, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO. “Developing a strategy to unleash the power of AI while mitigating risks provides a framework to advance innovation and intellectual property.”  

The strategy aims to achieve the USPTO’s AI vision and mission through five focus areas which include: 

  1. Advance the development of IP policies that promote inclusive AI innovation and creativity. 
  2. Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development. 
  3. Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.
  4. Develop AI expertise within the USPTO’s workforce.
  5. Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.

The USPTO and our sister agencies within the Department of Commerce, as well as the U.S. Copyright Office, are providing critical guidance and recommendations to advance AI-driven innovation and creativity. In 2022, the USPTO created the AI and Emerging Technology (ET) Partnership, which has worked closely with the AI/ET community to gather public feedback through a series of sessions on topics related to AI and innovation, biotech, and intellectual property (IP) policy. Since its 2022 launch, more than 6,000 stakeholders have engaged with us on these critical issues. In additionthe USPTO collaborates across government to advance American leadership in AI by promoting innovation and competition as set forth in the Biden-Harris Administration’s landmark October 2023 AI Executive Order. 

The full text of the AI Strategy can be found on the AI Strategy webpageAdditionalinformation on AI, including USPTO guidance and more on USPTO’s AI/ET Partnership, can be found on our AI webpage. "

Monday, December 30, 2024

Celebrate the grand opening of Kentucky’s newest Patent and Trademark Resource Center; United States Patent and Trademark Center (USPTO), December 19, 2024

United States Patent and Trademark Center (USPTO); Celebrate the grand opening of Kentucky’s newest Patent and Trademark Resource Center

"Kentucky innovators, join us in person on Tuesday, January 7, from 3-6 p.m. ET for the grand opening of the Patent and Trademark Resource Center (PTRC) at the University of Louisville’s Kornhauser Health Sciences Library.  

Celebrate this addition to the innovation community with remarks from USPTO and university leadership and an official ribbon cutting. You’ll learn about the vital role of intellectual property (IP) in Kentucky and the numerous resources available to help innovators protect their IP.  

After the program concludes, join your fellow creators for an informal networking session at the Louisville Thoroughbred Society from 6:30-8 p.m. ET."