AI Machine Learning:  Remedies Other Than Copyright Law?

In my last post, I discussed some of the allegations that “machine learning” (ML) with the use of copyrighted works constitutes mass infringement. Citing the class action lawsuits Andersen and Tremblay, I predicted that if the courts do not find that ML unavoidably violates the reproduction right (§106(1)), copyright law may not offer much relief to the creators of the works used for AI development. As of last week, it remains to be seen whether we’ll get to that question after Judge Orrick of the Northern District of California stated that he is tentatively prepared to dismiss the suit with leave to amend the complaint. The judge did indicate that a claim of direct infringement could survive, but we’ll have to see what comes of an amended complaint.

As mentioned in the last post, if the court does not find a valid claim of copyright infringement, the other allegations will likely fail as a result. Nevertheless, though the state allegations may be moot in the class cases filed thus far, I had intended in this post to look at whether any non-copyright remedies present much hope for creators. For instance, the Andersen complaint alleges violations of statutory and common law rights of publicity and violations of statutory unfair practice prohibitions in the State of California. — Read More

#legal

The AI-Powered, Totally Autonomous Future of War Is Here

Ships without crews. Self-directed drone swarms. How a US Navy task force is using off-the-shelf robotics and artificial intelligence to prepare for the next age of conflict.

A fleet of robot ships bobs gently in the warm waters of the Persian Gulf, somewhere between Bahrain and Qatar, maybe 100 miles off the coast of Iran. I am on the nearby deck of a US Coast Guard speedboat, squinting off what I understand is the port side. On this morning in early December 2022, the horizon is dotted with oil tankers and cargo ships and tiny fishing dhows, all shimmering in the heat. As the speedboat zips around the robot fleet, I long for a parasol, or even a cloud.

The robots do not share my pathetic human need for shade, nor do they require any other biological amenities. This is evident in their design. A few resemble typical patrol boats like the one I’m on, but most are smaller, leaner, lower to the water. One looks like a solar-powered kayak. Another looks like a surfboard with a metal sail. Yet another reminds me of a Google Street View car on pontoons. — Read More

#dod

Autoens***tification

Forget F1: the only car race that matters now is the race to turn your car into a digital extraction machine, a high-speed inkjet printer on wheels, stealing your private data as it picks your pocket. Your car’s digital infrastructure is a costly, dangerous nightmare — but for automakers in pursuit of postcapitalist utopia, it’s a dream they can’t give up on.

Your car is stuffed full of microchips, a fact the world came to appreciate after the pandemic struck and auto production ground to a halt due to chip shortages. Of course, that wasn’t the whole story: when the pandemic started, the automakers panicked and canceled their chip orders, only to immediately regret that decision and place new orders. — Read More

#surveillance

OpenAI scuttles AI-written text detector over ‘low rate of accuracy’

OpenAI has shut down its AI classifier, a tool that claimed to determine the likelihood a text passage was written by another AI. While many used and perhaps unwisely relied on it to catch low-effort cheats, OpenAI has retired it over its widely criticized “low rate of accuracy.”

The theory that AI-generated text has some identifying feature or pattern that can be detected reliably seems intuitive, but so far this has not really been borne out in practice. Although some generated text may have an obvious tell, the differences between large language models and the rapidity with which they have developed has made those tells all but impossible to rely on. — Read More

#accuracy