Biden Interior Dept puts together handbook to apply 'indigenous knowledge' into agency practices; Fox News, November 19, 2024

Alec Schemmel , Fox News; Biden Interior Dept puts together handbook to apply 'indigenous knowledge' into agency practices

[Kip Currier: This Fox News article on Indigenous Knowledge (IK) -- also called Traditional Knowledge (TK) -- traffics in "scare/sneer quotes" and is framed from the get-go by its author as a cautionary example of the suggested excesses and dangers of inclusion. This other-ing strategy is a frequent Fox News tactic. In this instance, that tactic seeks to undermine the legitimacy of IK by inferring that the very idea that Native Peoples might be able to contribute to the practice of science is radically unconventional.

The overall aim of the piece has one goal: to marginalize and discredit the inclusion of Native American perspectives in U.S. Interior Department decisions that impact issues like mining, timbering, and drilling on public lands and/or near national parks and wildlife areas.

The Biden administration's Department of the Interior, through the groundbreaking leadership of Deb Haaland -- the first Native American head of the department in its 175-year history -- has, for the first time, instituted policy that includes the knowledge and expertise of Indigenous Peoples. The inclusion of Native persons at decision-making tables that impact their sovereign lands is anathema to the incoming pro-drilling Trump administration because of fears that those perspectives may impede their unchecked economic agenda. As the AP reported on November 22, 2024, in nominating a pro-fossil fuel governor Doug Burghum to replace Haaland as Interior's head:

Donald Trump assigned Doug Burgum a singular mission in nominating the governor of oil-rich North Dakota to lead an agency that oversees a half-billion acres of federal land and vast areas offshore: “Drill baby drill.”

https://apnews.com/article/interior-burgum-public-lands-oil-gas-trump-97f7bc583f0a0de0fb16ea6f89bfbaf1

To better understand IK and TK, let's look at a few definitions from reputable sources. The World Intellectual Property Organization (WIPO), an agency of the United Nations headquartered in Geneva, Switzerland, describes TK as:

knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.

While there is not yet an accepted definition of TK at the international level, it can be said that:

TK in a general sense embraces the content of knowledge itself as well as traditional cultural expressions, including distinctive signs and symbols associated with TK.
TK in the narrow sense refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations.

Traditional knowledge can be found in a wide variety of contexts, including: agricultural, scientific, technical, ecological and medicinal knowledge as well as biodiversity-related knowledge.

https://www.wipo.int/tk/en/tk/

The U.S. National Park Service (NPS) provides this explanation of IK (accessed on 11/26/24):

Indigenous Knowledge is a body of observations, oral and written knowledge, innovations, practices, and beliefs developed by Tribes and Indigenous Peoples through interaction and experience with the environment.11 It is applied to phenomena across biological, physical, social, cultural, and spiritual systems.12 Indigenous Knowledge can be developed over millennia, continues to develop, and includes understanding based on evidence acquired through direct contact with the environment and long-term experiences, as well as extensive observations, lessons, and skills passed from generation to generation.

https://www.nps.gov/subjects/tek/description.htm

UNESCO, a UN agency based in Paris, France, defines TK as:

Knowledge, innovations and practices of indigenous and local communities around the world. Developed from experience gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends to be collectively owned and takes the form of stories, songs, folklore, proverbs, cultural values, beliefs, rituals, community laws, local language and agricultural practices, including the development of plant species and animal breeds. Traditional knowledge is mainly of a practical nature, particularly in such fields as agriculture, fisheries, health, horticulture, forestry and environmental management in general.

Secretariat of the Convention on Biological Diversity (SCBD), Article 8(j): Traditional knowledge and the convention on biological diversity, 2007.

https://uis.unesco.org/en/glossary-term/traditional-knowledge#

Now, having looked at those descriptions of IK/TK, notice what the reporter does in their second paragraph, copied here:

The notion of "indigenous knowledge" puts forward that Native groups possess an understanding about the natural world that others do not, due to their ethnic background.

Observe the quotes around the phrase "indigenous knowledge", as if to call that designation into question. Note, too, the intentional selection of the word "notion", i.e. a belief about something.

The construction "Native groups possess an understanding about the natural world that others do not" neglects to acknowledge that Native Peoples have demonstrated that they do have oral and written traditions going back for generations that can offer unique insights and useful observations about this world. As just one example, a March 2024 Guardian article reported on how observations made by First Nations peoples in British Columbia, Canada enabled the discovery of a "coral reef that scientists say ‘shouldn’t exist’:

For generations, members of the Kitasoo Xai’xais and Heiltsuk First Nations, two communities off the Central Coast region of British Columbia, had noticed large groups of rockfish congregating in a fjord system.

In 2021, researchers and the First Nations, in collaboration with the Canadian government, deployed a remote-controlled submersible to probe the depths of the Finlayson Channel, about 300 miles north-west of Vancouver.

On the last of nearly 20 dives, the team made a startling discovery – one that has only recently been made public.

“When we started to see the living corals, everyone was in doubt,” says Cherisse Du Preez, head of the deep-sea ecology program at Fisheries and Oceans Canada. “Then, when we saw the expansive fields of coral in front of us, everybody just let loose. There were a lot of pure human emotions.

The magnitude of this discovery in Canada is unprecedented:

The following year, the team mapped Lophelia Reef, or q̓áuc̓íwísuxv, as it has been named by the Kitasoo Xai’xais and Heiltsuk First Nations. It is the country’s only known living coral reef.

https://www.theguardian.com/environment/2024/mar/15/canada-moves-to-protect-coral-reef-that-scientists-say-shouldnt-exist

 

However, the extraordinary find of Canada's "only known living coral reef" should not be seen as an isolated one-off; rather, it is another exemplar of ways that IK can work in complementary fashion with Western research to yield advancements in knowledge. As the 2024 coral reef discovery article explains:

The discovery marks the latest in a string of instances in which Indigenous knowledge has directed researchers to areas of scientific or historic importance. More than a decade ago, Inuk oral historian Louie Kamookak compared Inuit stories with explorers’ logbooks and journals to help locate Sir John Franklin’s lost ships, HMS Erebus and HMS Terror. In 2014, divers located the wreck of the Erebus in a spot Kamookak suggested they search, and using his directions found the Terror two years later.

https://www.theguardian.com/environment/2024/mar/15/canada-moves-to-protect-coral-reef-that-scientists-say-shouldnt-exist

 

Furthermore, the Fox News reporter's phrase "due to their ethnic background", arguably, seeks to portray IK/TK as an example of "woke-ness". It's an effort by the reporter to trigger listeners/viewers to dismiss the value of knowledge that derives from Native Peoples. The writer's chosen language strives to depict Native Americans as exceptional from other peoples; this too is another well-used Fox News play: pitting groups against each other to foster divisiveness and distrust.

The bottom line of my critique of this reporter's take on IK/TK is that no one credibly is suggesting that IK/TK must or should supplant Western-based science. Rather, IK/TK is knowledge that can complement other types of science. Indeed, the abstract of this 11/22/24 peer-reviewed article "Rethinking natural hazards research and engagement to include co-creation with Indigenous communities" underscores the value of what the researchers refer to as "bi-lateral knowledge exchange":

Indigenous peoples are widely affected by natural hazards and their history and knowledge can directly inform on past events and mitigation strategies. Here we show how effective co-creation of resources and bi-lateral knowledge exchange between natural hazard researchers and local Indigenous communities provides an effective, equitable, and sustainable way to conduct research.

https://www.nature.com/articles/s44304-024-00034-7 

The phrase "bi-lateral knowledge exchange" sheds light on one more of Fox News' game tactics: rather than "and" Fox wants its viewers to see everything as an "either/or" end game. In other words, not Western science and Indigenous Knowledge. But rather either Western science or Indigenous Knowledge. Co-existence is possible, and exchanges of knowledge can even be advantageous.]

[Excerpt from Fox News article]

"Officials at the Department of the Interior are pushing to finalize a new "implementation handbook" to guide agency decision makers on how to "apply indigenous knowledge" in their day-to-day work. 

The notion of "indigenous knowledge" puts forward that Native groups possess an understanding about the natural world that others do not, due to their ethnic background.

The aim of the new chapter in the agency-wide manual is to "equitably promote the inclusion of indigenous knowledge," but this new supplemental handbook lays out methods for "applying" indigenous knowledge into departmental practices, such as scientific research, environmental compliance work, community resiliency and more...

The nearly 150-page handbook includes a litany of other "approaches" to applying indigenous knowledge into the agency's practices, including how to create "an ethical space to receive indigenous knowledge" and information about how to shield "sensitive" indigenous knowledge from public disclosure laws."

Rethinking natural hazards research and engagement to include co-creation with Indigenous communities; npj Natural Hazards, November 22, 2024

Thomas J. Jones, Harry Nyce Jr., 

Yannick Le Moigne, 

Glyn Williams-Jones & 

Deanna Nyce 

, npj Natural Hazards ; Rethinking natural hazards research and engagement to include co-creation with Indigenous communitiesvolume

"Indigenous peoples are widely affected by natural hazards and their history and knowledge can directly inform on past events and mitigation strategies. Here we show how effective co-creation of resources and bi-lateral knowledge exchange between natural hazard researchers and local Indigenous communities provides an effective, equitable, and sustainable way to conduct research.

Introduction

Internationally there is no single agreed definition of Indigenous peoples, and here we use Indigenous as an all-encompassing international term (in Canada this includes First Nations, Métis and Inuit). The United Nations Office for Disaster Risk Reduction (UNDRR) reports1 that 476 million people in more than 90 countries identify as Indigenous and ~20% of the Earth is covered by Indigenous territories. Consequently, Indigenous peoples globally live at risk from natural hazards (e.g., volcanic eruptions, landslides, earthquakes) and also receive benefits from living in active geological areas (e.g., fertile soils, tourism, geothermal power). According to 2021 Canadian census data2, in the Province of British Columbia (B.C.) there are 290,210 people who identify as Indigenous, with 180,085, 97,865 and 1725 people self-identifying as First Nations, Métis and Inuit, respectively. All these people are susceptible to natural hazards and, as illustrated by Fig. 1, the largest volcanic eruptions, earthquakes, landslides, wildfires, and floods in British Columbia, Canada have all affected Indigenous territories. Thus, given the global spatial overlap between Indigenous peoples and natural hazards, and the need for meaningful collaboration, both research and Indigenous local knowledge should be shared for mutual benefit. Here, we outline how the Nisg̱a’a First Nation and volcanology researchers have initiated and maintained a fruitful collaboration with bi-lateral knowledge exchange and resource co-creation. Furthermore, this comment article is co-written by non-Indigenous volcanology researchers based at universities (Jones and Williams-Jones) and a government organisation (Le Moigne) and by Indigenous scholars of the Nisg̱a’a First Nation, based at a post-secondary education establishment (Nyce and Nyce Jr.)...

There are many different resources that can be co-created between researchers and Indigenous communities. For the purposes of disseminating knowledge and history about natural hazards and past events, resource examples include information boards, posters, school activities, museum displays, online media, artwork, and audio tours. Irrespective of the resource type, co-creation and development has multiple benefits. The knowledge exchange is bi-lateral, and in many cases, Indigenous Knowledge directly informs on risk mitigation and hazard perception4...

Reciprocal benefits

Based on our experience, we highlight several mutually beneficial exchanges involving both Indigenous communities and research scientists working on natural hazards. These reciprocal benefits are applicable globally and are not specific to the natural hazard or the individual researcher-Indigenous community relationship."

Penn State wins trademark case over retailer’s use of vintage logos, images; AP, November 21, 2024

MARYCLAIRE DALE, AP ; Penn State wins trademark case over retailer’s use of vintage logos, images

"Penn State has won a closely watched trademark fight over an online retailer’s use of its vintage sports logos and images."

Cincinnati threatens to sue middle school over copyright, Xavier campaigns to replace mascot; On3.com, November 22, 2024

 Nick Schultz, On3.com; Cincinnati threatens to sue middle school over copyright, Xavier campaigns to replace mascot

"“A few months ago, we were alerted to the use of the University of Cincinnati’s trademarks by Cheatham Middle School,” the statement read. “When we or our licensing agency, the Collegiate Licensing Company (CLC), identify infringing activity, the other party is contacted to educate them about the University’s rights and request they stop using the marks. As part of this process, we requested CMS to identify the various ways in which they have adopted UC’s identity so we can understand the full scale of what is involved to address the matter.

“We appreciate Cheatham Middle School’s interest in using UC’s iconic trademarks, which are recognized both nationally and globally. But CMS never requested permission to do so. Just as many other universities and recognizable brands make significant investment to protect their own marks, we reserve the right for exclusive use of the UC marks. We understand this may cause some inconveniences, but we have a responsibility to preserve and protect the University’s rights to its marks.”"

A Long-Held Secret Is Now Public. Will It Alter Cormac McCarthy’s Legacy?; The New York Times, November 23, 2024

 Alexandra Alter and Elisabeth Egan, The New York Times; A Long-Held Secret Is Now Public. Will It Alter Cormac McCarthy’s Legacy?

"Several scholars also raised questions about the extensive excerpts from McCarthy’s letters to Britt, and noted that while Britt owns the physical letters, McCarthy’s words, even in letters to others, are the intellectual property of his literary estate. Attempts to reach a representative of McCarthy’s literary estate were not successful, but a person with knowledge of the estate’s practices who was not authorized to speak on the record said that the estate did not grant permission for McCarthy’s letters to be reproduced."

Eddy Grant And Donald Trump Settle Copyright Lawsuit Over Use Of ‘Electric Avenue’ In Campaign Video; Deadline, November 21, 2024

Ted Johnson , Deadline; Eddy Grant And Donald Trump Settle Copyright Lawsuit Over Use Of ‘Electric Avenue’ In Campaign Video

"Eddy Grant and Donald Trump have reached a settlement in the singer’s copyright infringement lawsuit over the Trump campaign’s use of “Electric Avenue” in an online video promoting his 2020 reelection campaign. 

U.S. District Judge John Koetl filed notice that the parties had reached a settlement, but a sum was not disclosed. The judge also wrote that the case was discontinued with prejudice but without costs.

In September, the judge found Trump liable for copyright infringement, leaving unresolved the issue of whether a jury should be convened to decide an amount. Grant has asked for $300,000 and lawyers’ fees in the four-year-old case."

OpenAI accidentally deleted potential evidence in NY Times copyright lawsuit; TechCrunch, November 20, 2024

Kyle Wiggers , TechCrunch; OpenAI accidentally deleted potential evidence in NY Times copyright lawsuit

"OpenAI tried to recover the data — and was mostly successful. However, because the folder structure and file names were “irretrievably” lost, the recovered data “cannot be used to determine where the news plaintiffs’ copied articles were used to build [OpenAI’s] models,” per the letter.

“News plaintiffs have been forced to recreate their work from scratch using significant person-hours and computer processing time,” counsel for The Times and Daily News wrote. “The news plaintiffs learned only yesterday that the recovered data is unusable and that an entire week’s worth of its experts’ and lawyers’ work must be re-done, which is why this supplemental letter is being filed today.”

The plaintiffs’ counsel makes clear that they have no reason to believe the deletion was intentional. But they do say the incident underscores that OpenAI “is in the best position to search its own datasets” for potentially infringing content using its own tools."

Indian news agency sues OpenAI alleging copyright infringement; TechCrunch, November 18, 2024

 Manish Singh, TechCrunch; Indian news agency sues OpenAI alleging copyright infringement

"One of India’s largest news agencies, Asian News International (ANI), has sued OpenAI in a case that could set a precedent for how AI companies use copyrighted news content in the world’s most populous nation.

Asian News International filed a 287-page lawsuit in the Delhi High Court on Monday, alleging the AI company illegally used its content to train its AI models and generated false information attributed to the news agency. The case marks the first time an Indian media organization has taken legal action against OpenAI over copyright claims.

During Tuesday’s hearing, Justice Amit Bansal issued a summons to OpenAI after the company confirmed it had already ensured that ChatGPT wasn’t accessing ANI’s website. The bench said that it was not inclined to grant an injunction order on Tuesday, as the case required a detailed hearing for being a “complex issue.”

The next hearing is scheduled to be held in January."

Cuban citizen convicted in U.S. streaming piracy scheme; UPI, November 16, 2024

Mike Heuer , UPI; Cuban citizen convicted in U.S. streaming piracy scheme

"A federal jury in Las Vegas found Yoany Vaillant guilty of conspiring to commit criminal copyright infringement for his work on behalf of illegal streamer Jetflicks.

Vaillant, 43, is a Cuban citizen and knows 27 computer programming languages, which he used to streamline the subscription-based but illegal Jetflicks content for its subscribers who were located throughout the United States, the Department of Justice announced in a news release Friday...

Jetflicks is headquartered in Las Vegas and claimed to have 183,285 copyrighted episodes of television programming, which is much more than Netflix, Hulu, Amazon Prime and any other streaming services.

Prosecutors provided evidence showing Vaillant and seven co-conspirators scoured pirate sites located around the world to access and download its extensive library of streaming titles without obtaining permission or paying respective copyright holders...

"The vast scale of Jetflicks' piracy affected every significant copyright owner of a television program in the United States," the DOJ said.

The illegal streaming caused "millions of dollars of losses to the U.S. television show and streaming industries," the agency said.

Vaillant was among eight defendants indicted in the U.S. District Court for Eastern Virginia in 2019."

What Intellectual Property Policies Should We Expect from the Second Trump Administration?; American Enterprise Institute, November 15, 2024

Michael M. Rosen, American Enterprise Institute ; What Intellectual Property Policies Should We Expect from the Second Trump Administration?

"Days after President-Elect Trump announced numerous conventional cabinet appointments, and several highly idiosyncratic ones, we can be forgiven for throwing our hands up rather than trying to forecast how his new administration will handle the most pressing IP issues. But we can certainly try, based on the limited information we have before us.

1. Legislative patent reform...

2. Artificial intelligence (AI) regulation and IP...

3. Pharmaceutical protection"

Tracking The Slow Movement Of AI Copyright Cases; Law360, November 7, 2024

Mark Davies and Anna Naydonov , Law360; Tracking The Slow Movement Of AI Copyright Cases

"There is a considerable gap between assumptions in the technology community and assumptions in the legal community concerning how long the legal questions around artificial intelligence and copyright law will take to reach resolution.

The principal litigated question asks whether copyright law permits or forbids the process by which AI systems are using copyright works to generate additional works.[1] AI technologists expect that the U.S. Supreme Court will resolve these questions in a few years.[2] Lawyers expect it to take much longer.[3] History teaches the answer...

Mark S. Davies and Anna B. Naydonov are partners at White & Case LLP.

Mark Davies represented Stephen Thaler in Thaler v. Vidal, Oracle in Google v. Oracle, and filed an amicus brief on behalf of a design professional in Apple v. Samsung."

Anheuser-Busch sued for copyright infringement of Montana artist’s fishing illustration; KMOV.com, November 15, 2024

 Pat Pratt, KMOV.com; Anheuser-Busch sued for copyright infringement of Montana artist’s fishing illustration

"A Montana wildlife artist is suing Anheuser-Busch for copyright infringement of one of his fishing illustrations. 

Artist Jon Q. Wright filed the lawsuit Thursday in U.S. District Court in St. Louis, where the company is headquartered. He has requested damages including profits made from the artwork, that illicit copies be impounded and further use be prohibited.

First Alert 4 has reached out to Anheuser-Busch requesting comment and is awaiting a response.

Wright states in the lawsuit he penned the image in 1999 and copyrighted it the following year. The image depicts a fishing scene with a fish in the foreground and a man in a boat in the background.

According to the lawsuit, Wright gave Anheuser-Busch a limited-term, non-exclusive license for specific works of art about 20 years ago, including the image at the center of the litigation filed Thursday. The license also included that several of the company’s affiliates could use the work.

The lawsuit filed Thursday alleges that the license has expired and Anheuser-Busch has altered the photo and continues to use it."

Icelandic Fishing Giant Wins Copyright Case Against Artist; artnet, November 14, 2024

 Jo Lawson-Tancred , artnet; Icelandic Fishing Giant Wins Copyright Case Against Artist

"The work by the artist known as Odee had publicly impersonated Iceland’s biggest fishing company Samherji, issuing a fake apology for its role in the so-called “fishrot” corruption scandal of 2019. In his ruling, the judge described the artwork as “an instrument of fraud, copyright infringement, and malicious falsehood.”

The case never went to trial but the artist said he plans to appeal the judgement. His defenders have argued that any punitive action taken against him could result in a “chilling effect” that discourages artist’s from daring to critique big corporations for fear of legal action.

Samherji sued Odee, the moniker for 41-year-old Icelandic artist Oddur Fridriksson, over We’re Sorry (2023), for which Odee created the website samherji.co.uk, imitating the company’s brand identity. On this platform, he issued the statement: “Samherji Apologizes, Pledges Restitution and Cooperation with Authorities.”

In Samherji’s complaint filed in London’s high court, it accused Odee of trademark infringement and malicious falsehood. The company’s lawyers applied for a summary judgement to avoid a trial."

Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report; IPWatchdog, November 14, 2024

EILEEN MCDERMOTT , IPWatchdog; Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report

"Asked by Subcommittee Chair Chris Coons (D-DE) what keeps her up at night when it comes to the AI issue, Perlmutter said “the speed at which this is all developing.” In September during IPWatchdog LIVE 2024, Perlmutter told LIVE attendees that while she’s confident the issues around copyright and AI will eventually be solved, she’s “less comfortable about what it means for humankind.”

Perlmutter recently came under fire from Committee on House Administration Chairman Bryan Steil (R-WI), who sent a letter On Tuesday, October 29, to the Office asking for an update on the AI report, which Steil charged is no longer on track to be published by its stated target dates. Steil’s letter asked the Office to explain the delay in issuance of parts two and three, which Register of Copyrights Shira Perlmutter indicated in an oversight hearing by the Committee on House Administration would be published before the end of the summer and in the fall, respectively. “The importance of these reports cannot be overstated,” Steil wrote, explaining that copyright owners are relying on the Office to provide clear guidance. “The absence of these reports creates uncertainty for industries that are already grappling with AI-related challenges and hinders lawmakers’ ability to craft effective policy,” the letter added.

Perlmutter commented in the hearing that “we’ve been trying to set and follow our own ambitious deadlines” and the goal remains to get the rest of the report out by the end of the year, but that her key concern is to be “accurate and thoughtful.”

The forthcoming reports will include recommendations on how to deal with copyrightability of materials created using GAI and the legal implications of training on copyrighted works. The latter is most controversial and may in fact require additional legislation focusing on transparency requirements."

Satire publication The Onion buys Alex Jones' Infowars at auction with Sandy Hook families' backing; AP, November 14, 2024

 Dave Collins | AP; Satire publication The Onion buys Alex Jones' Infowars at auction with Sandy Hook families' backing

"The satirical news publication The Onion won the bidding for Alex Jones’ Infowars at a bankruptcy auction, backed by families of Sandy Hook Elementary School shooting victims whom Jones owes more than $1 billion in defamation judgments for calling the massacre a hoax.

“The dissolution of Alex Jones’ assets and the death of Infowars is the justice we have long awaited and fought for,” Robbie Parker, whose daughter Emilie was killed in the 2012 shooting in Connecticut, said in a statement Thursday provided by his lawyers.

The Onion acquired the conspiracy theory platform’s website; social media accounts; studio in Austin, Texas; trademarks; and video archive for an undisclosed sales price. The purchase gives a satirical outlet — which carries the banner of “America’s Finest News Source” on its masthead — control over a brand that has long peddled misinformation and conspiracy."

What’s Happening with AI and Copyright Law; JD Supra, November 4, 2024

AEON Law, JD Supra; What’s Happening with AI and Copyright Law

"Not surprisingly, a lot is happening at the intersection of artificial intelligence (AI) and intellectual property (IP) law.

Here’s a roundup of some recent developments in the area of copyright law and AI.

Copyright Office Denies AI Security Research Exemption under DMCA...

Former OpenAI Employee Says It Violates Copyright Law...

Blade Runner Production Company Sues Tesla for AI-Aided Copyright Infringement"

OpenAI Gets a Win as Court Says No Harm Was Demonstrated in Copyright Case; Gizmodo, November 8, 2024

Todd Feathers, Gizmodo; OpenAI Gets a Win as Court Says No Harm Was Demonstrated in Copyright Case

"OpenAI won an initial victory on Thursday in one of the many lawsuits the company is facing for its unlicensed use of copyrighted material to train generative AI products like ChatGPT.

A federal judge in the southern district of New York dismissed a complaint brought by the media outlets Raw Story and AlterNet, which claimed that OpenAI violated copyright law by purposefully removing what is known as copyright management information, such as article titles and author names, from material that it incorporated into its training datasets.

OpenAI had filed a motion to dismiss the case, arguing that the plaintiffs did not have standing to sue because they had not demonstrated a concrete harm to their businesses caused by the removal of the copyright management information. Judge Colleen McMahon agreed, dismissing the lawsuit but leaving the door open for the plaintiffs to file an amended complaint."

‘I’m going to sue the living pants off them’: AI’s big legal showdown – and what it means for Dr Strange’s hair; The Guardian, November 6, 2024

 Steve Rose , The Guardian; ‘I’m going to sue the living pants off them’: AI’s big legal showdown – and what it means for Dr Strange’s hair

"“The intersection of generative AI and CGI image creation is the next wave.”

Now that wave is threatening to flood an unprepared industry, washing away jobs and certainties. How do people in the industry feel? To find out, I attended Trojan Horse Was a Unicorn (THU), a digital arts festival near Lisbon in Portugal. Now in its 10th year, THU is a place where young artists entering these industries, some 750 of them, come to meet, get inspired and learn from veterans in their fields: film-makers, animators, VFX wizards, concept artists, games designers. This year, AI is the elephant in the room. Everyone is either talking about it – or avoiding talking about it...

Andre Luis, the 43-year-old CEO and co-founder of THU, acknowledges that “the anxiety is here” at this year’s event, but rather than running away from it, he argues, artists should be embracing it. One of the problems now is that the people eagerly adopting AI are executives and managers. “They don’t understand how to use AI to accelerate creativity,” he says, “or to make things better for everyone, so it’s up to us [the artists] to teach them. You need people who actually are creative to use AI.”

Luis likens generative AI to ultra processed food: it cannot create anything new; it can only reconstitute what’s already there, turning it into an inferior product. “And a lot of companies are trying to make fast food,” he says. Many see AI as a way to churn out quick, cheap content, as opposed to higher quality fare that has been created “organically” over time, with loving human input...

The democratising potential of AI could usher in what Luis calls “a new era of indie” in films, games, TV. Just as digital technology put cameras, editing and graphics tools into the hands of many more people...

“AI is something that is here,” he tells the young creators at THU, “so you need to adapt. See the opportunities, see the problems, but understand that it can help you do things in a different way. You need to ask yourselves, ‘How can I be part of that?’"

The Heart of the Matter: Copyright, AI Training, and LLMs; SSRN, November 1, 2024

Daniel J. Gervais, Vanderbilt University - Law School

Noam Shemtov, Queen Mary University of London, Centre for Commercial Law Studies

Haralambos Marmanis, Copyright Clearance Center

Catherine Zaller Rowland, Copyright Clearance Center 

SSRN; The Heart of the Matter: Copyright, AI Training, and LLMs

"Abstract

This article explores the intricate intersection of copyright law and large language models (LLMs), a cutting-edge artificial intelligence technology that has rapidly gained prominence. The authors provide a comprehensive analysis of the copyright implications arising from the training, fine-tuning, and use of LLMs, which often involve the ingestion of vast amounts of copyrighted material. The paper begins by elucidating the technical aspects of LLMs, including tokenization, word embeddings, and the various stages of LLM development. This technical foundation is crucial for understanding the subsequent legal analysis. The authors then delve into the copyright law aspects, examining potential infringement issues related to both inputs and outputs of LLMs. A comparative legal analysis is presented, focusing on the United States, European Union, United Kingdom, Japan, Singapore, and Switzerland. The article scrutinizes relevant copyright exceptions and limitations in these jurisdictions, including fair use in the US and text and data mining exceptions in the EU. The authors highlight the uncertainties and challenges in applying these legal concepts to LLMs, particularly in light of recent court decisions and legislative developments. The paper also addresses the potential impact of the EU's AI Act on copyright considerations, including its extraterritorial effects. Furthermore, it explores the concept of "making available" in the context of LLMs and its implications for copyright infringement. Recognizing the legal uncertainties and the need for a balanced approach that fosters both innovation and copyright protection, the authors propose licensing as a key solution. They advocate for a combination of direct and collective licensing models to provide a practical framework for the responsible use of copyrighted materials in AI systems.

This article offers valuable insights for legal scholars, policymakers, and industry professionals grappling with the copyright challenges posed by LLMs. It contributes to the ongoing dialogue on adapting copyright law to technological advancements while maintaining its fundamental purpose of incentivizing creativity and innovation."

Penguin Random House books now explicitly say ‘no’ to AI training; The Verge, October 18, 2024

 Emma Roth , The Verge; Penguin Random House books now explicitly say ‘no’ to AI training

"Book publisher Penguin Random House is putting its stance on AI training in print. The standard copyright page on both new and reprinted books will now say, “No part of this book may be used or reproduced in any manner for the purpose of training artificial intelligence technologies or systems,” according to a report from The Bookseller spotted by Gizmodo. 

The clause also notes that Penguin Random House “expressly reserves this work from the text and data mining exception” in line with the European Union’s laws. The Bookseller says that Penguin Random House appears to be the first major publisher to account for AI on its copyright page. 

What gets printed on that page might be a warning shot, but it also has little to do with actual copyright law. The amended page is sort of like Penguin Random House’s version of a robots.txt file, which websites will sometimes use to ask AI companies and others not to scrape their content. But robots.txt isn’t a legal mechanism; it’s a voluntarily-adopted norm across the web. Copyright protections exist regardless of whether the copyright page is slipped into the front of the book, and fair use and other defenses (if applicable!) also exist even if the rights holder says they do not."

What AI knows about you; Axios, November 4, 2024

 Ina Friend, Axios; What AI knows about you

"Most AI builders don't say where they are getting the data they use to train their bots and models — but legally they're required to say what they are doing with their customers' data.

The big picture: These data-use disclosures open a window onto the otherwise opaque world of Big Tech's AI brain-food fight.

• In this new Axios series, we'll tell you, company by company, what all the key players are saying and doing with your personal information and content.

Why it matters: You might be just fine knowing that picture you just posted on Instagram is helping train the next generative AI art engine. But you might not — or you might just want to be choosier about what you share.

Zoom out: AI makers need an incomprehensibly gigantic amount of raw data to train their large language and image models. 

• The industry's hunger has led to a data land grab: Companies are vying to teach their baby AIs using information sucked in from many different sources — sometimes with the owner's permission, often without it — before new laws and court rulings make that harder. 

Zoom in: Each Big Tech giant is building generative AI models, and many of them are using their customer data, in part, to train them.

• In some cases it's opt-in, meaning your data won't be used unless you agree to it. In other cases it is opt-out, meaning your information will automatically get used unless you explicitly say no. 
• These rules can vary by region, thanks to legal differences. For instance, Meta's Facebook and Instagram are "opt-out" — but you can only opt out if you live in Europe or Brazil.
• In the U.S., California's data privacy law is among the laws responsible for requiring firms to say what they do with user data. In the EU, it's the GDPR."

An ‘Interview’ With a Dead Luminary Exposes the Pitfalls of A.I.; The New York Times, November 3, 2024

 Andrew Higgins, The New York Times; An ‘Interview’ With a Dead Luminary Exposes the Pitfalls of A.I.

"When a state-funded Polish radio station canceled a weekly show featuring interviews with theater directors and writers, the host of the program went quietly, resigned to media industry realities of cost-cutting and shifting tastes away from highbrow culture.

But his resignation turned to fury in late October after his former employer, Off Radio Krakow, aired what it billed as a “unique interview” with an icon of Polish culture, Wislawa Szymborska, the winner of the 1996 Nobel Prize for Literature.

The terminated radio host, Lukasz Zaleski, said he would have invited Ms. Szymborska on his morning show himself, but never did for a simple reason: She died in 2012.

The station used artificial intelligence to generate the recent interview — a dramatic and, to many, outrageous example of technology replacing humans, even dead ones."

AI Training Study to Come This Year, Copyright Office Says; Bloomberg Law, October 31, 2024

Annelise Gilbert , Bloomberg Law; AI Training Study to Come This Year, Copyright Office Says

"The Copyright Office’s report on the legal implications of training artificial intelligence models on copyrighted works is still expected to publish by the end of 2024, the office’s director told lawmakers.

Director Shira Perlmutter on Wednesday said the office aims to complete the remaining two sections of its three-part AI report in the next two months—one on the copyrightability of generative AI output and the other about liability, licensing, and fair use in regards to AI training on protected works."