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Lawyers navigate novel AI legal battles

Dec 10, 2024 - ft.com
Brenda Sharton of Dechert and Andy Gass of Latham & Watkins are at the forefront of defending AI companies in groundbreaking legal battles over copyright and privacy issues related to generative AI technologies. Sharton successfully defended Prisma Labs in a class action lawsuit, while Gass is representing OpenAI and Anthropic in cases involving alleged copyright violations. Both lawyers emphasize the complexity of these cases, which involve explaining novel AI technologies within the framework of established legal principles. They note that current legal challenges are foundational and will evolve as AI technology advances.

Warrington Parker of Crowell & Moring is defending ROSS Intelligence in a significant copyright infringement case filed by Thomson Reuters. He argues for the public benefit of AI training data as fair use, though the outcome remains uncertain. The article highlights the challenges judges face in understanding AI technology and the potential impact of public perception on jury trials. Despite legal uncertainties, the sector's growth may continue, with some companies viewing potential damages as a business cost. The evolving legal landscape is likened to the early days of the internet, with much development still to come.

Key takeaways:

  • Brenda Sharton of Dechert is actively involved in defending generative AI companies against copyright and privacy claims, highlighting the challenges of explaining AI technology to the courts.
  • Andy Gass from Latham & Watkins is defending AI companies like OpenAI and Anthropic in significant copyright infringement cases, emphasizing the foundational nature of current legal issues in AI.
  • Warrington Parker of Crowell & Moring is representing ROSS Intelligence in a landmark generative AI copyright case, arguing for the public benefit and fair use of AI training data.
  • The outcome of AI-related lawsuits may not significantly hinder the industry's growth, as some companies might view potential damages as a cost of doing business.
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