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Creativity, Artificial Intelligence, and the Requirement of Human Authors and Inventors in Copyright and Patent Law – University of Oxford
‘Copyright and patent law require the identification of an author or inventor, and further require the author or inventor to be human. We explore this requirement primarily with reference to U.S. law and provide additional illustrations from U.K. and E.U. law.’ Link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4892973
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OpenAI has a smaller, cheaper version of its most powerful ChatGPT – Quartz
‘OpenAI introduced a smaller, more cost-efficient version of its most powerful model GPT-4o — and it could mean even more AI-powered apps.’ Link: https://qz.com/openai-small-version-gpt4o-mini-chatgpt-cost-efficient-1851598869
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The Words That Give Away Generative AI Text – Wired
‘Thus far, even AI companies have had trouble coming up with tools that can reliably detect when a piece of writing was generated using a large language model. Now, a group of researchers has established a novel method for estimating LLM usage across a large set of scientific writing by measuring which “excess words” started showing up…
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AI Act written into EU law as compliance clock ticks – OUT-LAW.com
‘Businesses developing and procuring AI tools have been urged to build their understanding of how the new EU AI Act will apply to them, and the risk management obligations they may be subject to, after the legislation was written into EU law on Friday.’ Link: https://www.pinsentmasons.com/out-law/news/ai-act-written-into-eu-law-as-compliance-clock-ticks
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Why libraries need to take the centre ground in discussions on AI – Digital Technology Group Blog
‘How do we as libraries position ourselves in the institutional conversations about AI to best support these principles, demonstrate our value and embark on some work that actually contributes to student learning in this space?’ Link: https://mmitblog.wordpress.com/2024/07/02/why-libraries-need-to-take-the-centre-ground-in-organisational-discussions-on-ai/
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The 6 Disciplines Companies Need to Get the Most Out of Gen AI – Harvard Business Review
‘Some observers are beginning to question whether gen AI will produce enough value to exceed its costs. It can, but extracting economic value from gen AI requires several different types of disciplined capabilities. Unfortunately, most companies lack these. The good news is they can develop them. Specifically, companies should invest in behavioral change, controlled experimentation,…
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A short history of AI, and what it is (and isn’t) – MIT Technology Review
‘It’s the simplest questions that are often the hardest to answer. That applies to AI, too. Even though it’s a technology being sold as a solution to the world’s problems, nobody seems to know what it really is. It’s a label that’s been slapped on technologies ranging from self-driving cars to facial recognition, chatbots to…
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Supervisory AI Agents for Legal Professional Rules of Conduct – Stanford Law School
‘Early this year, we began to explore the potential of supervisory AI agents as “intelligent alarms” for generative AI integrations in legal workflows. We consider that supervisory AI agents provide multi-prong risk mitigation by behaving both as a guardrail and continuous monitoring for legal professionals that use generative AI in their work processes. In the…
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Visualising Collection Records with the Use of Generative AI – Against the Grain
‘Libraries, Archives, Museums (LAM) have always found it challenging to improve the accessibility of their collections.With physical objects, institutions lack the physical space for public exposure. As digitisation technology became more affordable, and the Internet – widespread, there was hope that the accessibility issue will be resolved once and for all. Unfortunately, to quote Erik…
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The Week in Green Software: Tackling the Energy Challenges of AI – Environment Variables
‘Producer Chris Skipper is joined by guests Marjolein Pordon of ladylowcode.com fame and Andri Johnston from Cambridge University Press & Assessment to discuss the sustainability challenges associated with AI’s increasing energy demands and the role of data centers in addressing these challenges. Marjolein emphasizes the need for sustainable infrastructure and the potential synergy between low-code…
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Choice engines and paternalistic AI – Humanities and Social Sciences Communications
‘Many consumers suffer from inadequate information and behavioral biases, which can produce internalities, understood as costs that people impose on their future selves. In these circumstances, “Choice Engines,” powered by Artificial Intelligence (AI), might produce significant savings in terms of money, health, safety, or time. Different consumers care about different things, of course, which is…
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Generative Discrimination: What Happens When Generative AI Exhibits Bias, and What Can Be Done About It -The Oxford Handbook of the Foundation and Regulation of Generative AI
‘This chapter examines these issues, categorizing problematic outputs into three legal categories: discriminatory content; harassment; and legally hard cases like unbalanced content, harmful stereotypes or misclassification. It argues for holding genAI providers and deployers liable for discriminatory outputs and highlights the inadequacy of traditional legal frameworks to address genAI-specific issues. The chapter suggests updating EU…
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Applicability of Large Language Models and Generative Models for Legal Case Judgement Summarization – arXiv
‘Automatic summarization of legal case judgements, which are known to be long and complex, has traditionally been tried via extractive summarization models. In recent years, generative models including abstractive summarization models and Large language models (LLMs) have gained huge popularity. In this paper, we explore the applicability of such models for legal case judgement summarization.…
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Training Artificial Intelligence Models on Synthetic Data: No Silver Bullet forIntellectual Property Infringement Risk in the Context of Training AI Systems – Part 1 – Journal of Robotics, Artificial Intelligence & Law
‘This is the introductory part of a multipart series on using synthetic data to train artificial intelligence (AI) models. Part 2 of this series will cover the question of how training AI models on synthetic data may mitigate copyright infringement risks. Part 3 will cover the interplay between synthetic data training sets, the EU Copyright…
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Is AI discriminating against disabled job applicants? – AbilityNet
‘Artificial Intelligence (AI) powered recruitment systems are discriminating against disabled people. The people developing and using the systems need to look again at how they work and employers of all sizes and sectors to understand the risks that they face when using these solutions.’ Link: https://abilitynet.org.uk/news-blogs/Is-AI-discriminating-against-disabled-job-applicants
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AI guidelines for parliaments – Westminster Foundation for Democracy (WFD)
‘To equip parliaments with the knowledge and tools needed to navigate the landscape of AI, these guidelines consider ethical implications, transparency, accountability, and the integration of AI within the parliamentary workspace, and more. They provide a framework that parliaments can adapt to their context and needs.’ Link: https://www.wfd.org/ai-guidelines-parliaments
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Can’t believe your eyes? – Counsel
‘How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig.’ Link: https://www.counselmagazine.co.uk/articles/can-t-believe-your-eyes-
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Labour’s plans for AI regulation in the King’s speech – Bird & Bird
‘The King’s speech stated that the Starmer-led Government “will seek to establish the appropriate legislation to place requirements on those working to develop the most powerful artificial intelligence models.”’ Link: https://www.twobirds.com/en/artificial-intelligence-insights/shared/insights/2024/uk/labours-plans-for-ai-regulation–in-the-kings-speech
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The Uneven Distribution of AI’s Environmental Impacts – Harvard Business Review
‘The training process for a single AI model, such as an LLM, can consume thousands of megawatt hours of electricity and emit hundreds of tons of carbon. AI model training can also lead to the evaporation of an astonishing amount of freshwater into the atmosphere for data center heat rejection, potentially exacerbating stress on our…
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Bias and Fairness in Artificial Intelligence: Methods and Mitigation Strategies – International Journal for Research Publication and Seminar
‘Artificial intelligence (AI) has quickly evolved from a sci-fi idea to a crucial part of modern technology, impacting a number of industries like healthcare, banking, education, and law enforcement. Fairness and bias issues with AI systems have drawn a lot of attention as they grow increasingly prevalent in everyday life. In artificial intelligence, “bias” refers…
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Investigation of lawsuit process duration using machine learning and process mining – Discover Analytics
‘Delays in legal proceedings significantly impact both corporate finances and individual livelihoods. Traditional methods for managing these delays typically rely on subjective assessments of what constitutes a reasonable process duration. This study explores a more precise approach by integrating machine learning and process mining techniques to enhance prediction of legal proceedings’ overall time. Diverging from previous works…
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The Limits of GenAI Educators – Harvard Business Review
‘While generative AI tools have been heralded as the future of education, more than 40 years of academic research suggests that it could also harm learning in realms from online tutoring to employee training for three reasons. First, the best student-teacher relationships are empathetic ones but it is biologically impossible for humans and AI to…
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Workday must face novel bias lawsuit over AI screening software – Reuters
‘A federal judge in California has rejected Workday’s bid to dismiss a proposed class action claiming that the artificial intelligence-powered software the company uses to screen out job applicants for other businesses bakes in existing biases.’ Link: https://www.reuters.com/legal/litigation/workday-must-face-novel-bias-lawsuit-over-ai-screening-software-2024-07-15/
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Two 80-something journalists tried ChatGPT. Then, they sued to protect the ‘written word’ – The Independent
‘When two octogenarian buddies named Nick discovered that ChatGPT might be stealing and repurposing a lifetime of their work, they tapped a son-in-law to sue the companies behind the artificial intelligence chatbot.’ Link: https://www.independent.co.uk/news/ap-chatgpt-openai-microsoft-john-malkovich-b2578251.html
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AI Tools for Legal Work: Claude, Gemini, Copilot, and More – American Bar Association
‘AI is a hot topic in the legal profession, but finding the right tool can be overwhelming. While many AI tools are designed specifically for lawyers, numerous generic tools can also be useful.’ Link: https://www.americanbar.org/groups/law_practice/resources/law-technology-today/2024/ai-tools-for-legal-work-claude-gemini-copilot-and-more/
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AI in society – House of Commons Library
‘AI could add trillions of dollars a year to the global economy and increase labour productivity. But experts warn that bias and misinformation may spread.’ Link: https://commonslibrary.parliament.uk/ai-in-society/
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Will AI spark a new type of negligence claim? – Law Society’s Gazette
‘Lawyers contemplating whether to embrace artificial intelligence are ‘damned if they do and damned if they don’t’. That is how the master of the rolls put it in a recently published speech to the Professional Negligence Bar Association, looking at how AI might affect negligence claims against lawyers.’ Link: https://www.lawgazette.co.uk/commentary-and-opinion/will-ai-spark-a-new-type-of-negligence-claim/5120363.article
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EU AI Act Published: Which Provisions Apply When? – Mayer Brown
‘On July 12, 2024, the EU AI Act (EU Regulation 1689/2024) was published in the Official Journal of the European Union. The text of the law is final and will enter into force on August 1, 2024. Its provisions will apply according to the staggered timetable below. ‘ Link: https://www.mayerbrown.com/en/insights/publications/2024/07/eu-ai-act-published-which-provisions-apply-when
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Regulation of Artificial Intelligence – Herbert Smith Freehills: Public Law Podcast
‘In this edition of our Public Law Podcast series, Jasveer Randhawa is joined by Jamie Susskind of 11 KBW, a leading authority in the law and regulation of digital technology.’ Link: https://www.herbertsmithfreehills.com/notes/tmt/2024-posts/public-law-podcast-episode-16
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The key issues related to AI through a competition law lens – Travers Smith: AI Insights
‘In this episode, Partners James Longster, from our Technology & Commercial Transactions team and Ingrid Hodgskiss, from our Competition team, discuss the evolving landscape of the application of competition law to AI. They cover the UK Competition and Markets Authority’s recent activity in the AI space, as well as other hot topics like the application of merger…
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Can ethics put the necessary humanity into AI? – AI & the Law
‘As we integrate the power of artificial intelligence into workplaces, the demand for responsible, human-centric processes grows.’ Link: https://guardianlabsaustraliaaiandthelaw.podbean.com/e/episode-1-can-ethics-put-the-necessary-humanity-into-ai
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2024 Generative AI in Professional Services – Thomson Reuters Institute
‘In this report, we explore how these professionals perceive the use of generative AI in their workplace, how and to what level they are using and integrating it into their processes, and perceptions of the future of work in an environment in which generative AI has made its presence felt.’ Link: https://www.thomsonreuters.com/en/reports/2024-generative-ai-in-professional-services.html
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Critical Legal Research, Artificial Intelligence, and Systemic Racism: Teaching with Jim Crow Text-Mining – Legal Reference Services Quarterly (£)
‘On the Books: Jim Crow and Algorithms of Existence is a text-mining project undertaken by University of North Carolina–Chapel Hill libraries to identify racially based laws passed in the state between 1865 and 1967. In the fall 2022, I used the On the Books project to teach a module in my Advanced Legal Research class…
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Artificial intelligence web crawlers are running amok – NPR
‘Artificial intelligence tech companies are refusing to abide by internet protocol when it comes to scraping data. Their ravenous scavenging behavior is upending the basic rules of the internet.’ Link: https://www.npr.org/2024/07/05/nx-s1-5026932/artificial-intelligence-web-crawlers-are-running-amok
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Trade Union Congress draft Artificial Intelligence (Regulation and Employment Rights) Bill – Bird & Bird
‘The Trades Union Congress (“TUC”) recently published its proposed Artificial Intelligence (Regulation and Employment Rights) Bill (the “Bill”), which aims to regulate employers’ use of AI as it relates to the rights and interests of workers.’ Link: https://www.twobirds.com/en/insights/2024/uk/trade-union-congress-draft-artificial-intelligence-regulation-and-employment-rights-bill
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Labour Victory: The Implications for Data Protection, AI and Digital Regulation in the UK – Ropes & Gray
‘On Friday 5 July 2024, voters in the UK elected the Labour Party to form a new government. Below we share our initial thoughts on what a Labour government might mean for the development and regulation of data protection, artificial intelligence and digital products and services in the UK. ‘ Link: https://www.ropesgray.com/en/insights/viewpoints/102jc9k/labour-victory-the-implications-for-data-protection-ai-and-digital-regulation-i
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The search for common standards – Law Society’s Gazette
‘With law firms reporting that generative AI is slashing the time involved in certain tasks, calls are growing for benchmarking and quality standards.’ Link: https://www.lawgazette.co.uk/features/the-search-for-common-standards/5120224.article
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Disconnected rules in a connected world: ideas for AI innovation and regulation – Reuters
‘The proliferation of Artificial Intelligence (AI) presents both immense opportunities and significant challenges leading some to call it the Wild West. Some of the most exciting AI advancements are happening in a world of connected devices whether it be connected or autonomous automobiles, mobile phones, virtual reality headsets or old-fashioned laptops.’ Link: https://www.reuters.com/legal/legalindustry/disconnected-rules-connected-world-ideas-ai-innovation-regulation-2024-07-09/
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Artificial intelligence and liability: key takeaways from recent EU legislative initiatives – Norton Rose Fulbright
‘The EU’s Artificial Intelligence Regulation, commonly referred to as the AI Act, is expected to come into force during the summer of 2024 (the AI Act). The AI Act will be the first comprehensive legal framework for the use and development of artificial intelligence (AI), and is intended to ensure that AI systems developed and used in…
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Large Legal Fictions: Profiling Legal Hallucinations in Large Language Models – Journal of Legal Analysis
‘Do large language models (LLMs) know the law? LLMs are increasingly being used to augment legal practice, education, and research, yet their revolutionary potential is threatened by the presence of “hallucinations”—textual output that is not consistent with legal facts. We present the first systematic evidence of these hallucinations in public-facing LLMs, documenting trends across jurisdictions,…
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AI Courses
We have added a new section to AI Update. On the ‘Courses‘ page you will find lists of online courses (a large proportion of which are free/free to audit).
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‘AI is not an Inventor’: Thaler v Comptroller of Patents, Designs and Trademarks and the Patentability of AI Inventions – Modern Law Review
‘The increasing use of Artificial Intelligence (AI) technologies in inventive processes raises numerous patent law issues, including whether AI can be an inventor under law and who owns the AI-generated inventions. The UK Supreme Court decision in Thaler v Comptroller of Patents, Designs and Trademarks has provided an ultimate answer to this question: AI cannot be an inventor for…
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New AI guidelines are only a starting point for Canadian legal professionals – Canadian Lawyer
‘Five Canadian law societies have issued guidance for lawyers using generative AI in their practice. The Law Society of Alberta, Manitoba, Saskatchewan, British Columbia and Ontario offer resources on licensee professional and ethical obligations when utilizing AI. The guidance ranges from a white paper flagging risks practitioners face to practical tips for implementing tools driven…
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Libraries, AI and Training Collections – Against the Grain
‘One reason we are sensitive about genAI (generative AI) is because knowledge and language are central to our sense of ourselves and to the institutions which are important to us. Accordingly, application of genAI raises major questions across the cultural, scholarly and civic contexts that are important to libraries. In this context, I like Alison…
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‘I am not AI’: Reform UK candidate accused of being bot speaks out – The Independent
‘Looking at his glossy profile picture, online commentators had decided he was computer-generated and the inevitable Twitter pile-on ensued.’ Link: https://www.independent.co.uk/news/uk/politics/reform-uk-ai-candidate-mark-matlock-b2576101.html
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OpenAI Punches Upward In Bigtime Legal Copyright Lawsuit That Will Surely Determine The Future Longevity Of Generative AI – Forbes
‘A fierce legal battle involving the future of generative AI took a fascinating turn last week in a tenacious copyright infringement lawsuit that had been brought by a major publisher against AI maker OpenAI of ChatGPT fame. The specific case entails the New York Times (NYT) seeking a legal bid to score a bullseye on OpenAI for…
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‘We use AI to make justice more accessible to ordinary people’ – The Times
‘Michael Stych has co-founded a service offering help with legal questions through a chatbot. He tells Catherine Baksi he wants it to be a force for good.’ Link: https://www.thetimes.com/uk/law/article/we-use-ai-to-make-justice-more-accessible-to-ordinary-people-fk78crxtt
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Generative AI for Scholarly Information Access – Against the Grain
‘Many in the information seeking community are excited about the promise of large language models and Generative AI to improve scholarly information access. These models can quickly transform the content of scholarly works in ways that can make them more approachable, digestible, and suitably written for audiences for whom the works may not have been…
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The Cambridge Law Corpus: A Dataset for Legal AI Research – University of Cambridge Faculty of Law Research Paper
‘We introduce the Cambridge Law Corpus (CLC), a corpus for legal AI research. It consists of over 250 000 court cases from the UK. Most cases are from the 21st century, but the corpus includes cases as old as the 16th century. This paper presents the first release of the corpus, containing the raw text…
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Good models borrow, great models steal: intellectual property rights and generative AI – Policy and Society
‘Two critical policy questions will determine the impact of generative artificial intelligence (AI) on the knowledge economy and the creative sector. The first concerns how we think about the training of such models—in particular, whether the creators or owners of the data that are “scraped” (lawfully or unlawfully, with or without permission) should be compensated…