Counterfactuals, the buzzy term being touted in the latest AI news, assert some impressive promises for the tech world. But the general idea is nothing new. Counterfactual thinking describes the human drive to conjure up alternative outcomes based on different choices that might be made along the way—essentially it’s a…
Internet & Social Media Law Blog
Greenlights, Passing Grades and Seals of Approval: Keeping Up with the Downsides of Technology
New and emerging technologies have always carried a host of potential risks to accompany their oft-blinding potential. Just as dependably, those risks have often been ignored, glossed over or just missed as public enthusiasm waxes and companies race to bring a product to market first and most effectively. Automobiles promised…
China Tackles Generative AI
As the emergence of generative AI brings new market opportunities to China, leading China-based tech giants have released or plan to release their own self-developed generative AI services. On April 11, 2023, China’s main cybersecurity and data privacy regulator, Cyberspace Administration of China (CAC) issued its Administrative Measures on Generative Artificial…
A “Far-Reaching Decision” for the Copyrightability of Computer Programs
On April 6, 2023, the U.S. Court of Appeals for the Federal Circuit affirmed Judge Gilstrap’s ruling in SAS Institute, Inc. v. World Programming Limited, which effectively denied copyright protection to SAS Institute’s data analysis software. The decision is likely to have lasting implications for developers that seek to protect…
AI as Prior Art: New Hurdles and Horizons in Patent Disputes
Artificial intelligence is rapidly evolving, and large language models (LLMs) like ChatGPT are one of the more exciting examples. Their generative capabilities have implications for our patent system, some of which are underappreciated and nonintuitive. Under U.S. patent law, an inventor may not obtain a patent if the claimed invention…
News of Note for the Internet-Minded (4/13/23) – Quantum Health Care, Rare Earth Finds and Gen AI for the Crabs
In today’s News of Note, generative AI continues to draw criticism and even a ban, but that doesn’t stop developers from pushing forward with everything from music prediction and mind-reading—to talking with crabs. Plus, we look at quantum computing in health care, a new report on the impact of deep-sea…
Risks, Reliability and Regulated Industries: A Series on AI Systems in Commercial Contracting
Over on Pillsbury’s SourcingSpeak blog, colleagues Elizabeth Zimmer, Sandro Serra and Mia Rendar provide an in-depth exploration of the many concerns and considerations in play for organizations seeking to integrate AI systems into their own operations. Part I: Artificial Intelligence Systems and Risks in Commercial Contracting provides an introduction to AI systems, along…
Old School Meets New School: Critical Minerals Used in Quantum Computing
It is not every day that the rough-and-tumble “giga” world of mining and mineral refining interacts with the rarefied and metaphysical “nano” realm of quantum physics. The lawyers at Pillsbury and other law firms engaged in each endeavor rarely darken each other’s doors. But the streams are indeed converging today,…
A New Dawn for Copyright in AI-Generated Works?
On February 21, 2023, the Copyright Office eclipsed its prior decisions in the area of AI authorship when it partially cancelled Kristina Kashtanova’s registration for a comic book titled Zarya of the Dawn. In doing so, the Office found that the AI program Kashtanova used—Midjourney—was primarily responsible for the visual…
U.S. Department of the Treasury Confronts the Risks to the Financial Sector Associated with Cloud Computing
On February 8, 2023, the U.S. Department of the Treasury released a report citing its “findings on the current state of cloud adoption in the sector, including potential benefits and challenges associated with increased adoption.” Treasury acknowledged that cloud adoption is an “important component” of a financial institution’s overall technology…