The article also discusses potential defenses for AI developers, such as lack of standing, the "fair use" doctrine, and the legality of "data scraping". It suggests that while the outcomes of these early generative AI cases are uncertain, courts are approaching generative AI claims with skepticism. The article concludes by suggesting that businesses exploring or using generative AI products and services should ensure they understand the technology and the associated risks.
Key takeaways:
- A growing number of lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a first look into how US courts may address privacy, consumer safety, and intellectual property protection concerns raised by this technology.
- Legal theories that have served as the basis of recent claims have varied widely, including invasion of privacy and property rights, patent, trademark, and copyright infringement, libel and defamation, and violations of state consumer protection laws.
- Defenses that have been effectively asserted by defendants in generative-AI litigation include lack of standing, reliance on the “fair use” doctrine, and the legality of so-called “data scraping.”
- While the outcomes of these early generative AI cases are uncertain, preliminary indications suggest that courts are approaching generative AI claims with a healthy level of skepticism.