Intellectual Property Law Commons^™

Regulating Chatbot Output Via Inter-Informational Competition, Jiawei Zhang

Northwestern Journal of Technology and Intellectual Property

The advent of ChatGPT has sparked over a year of regulatory frenzy. Policymakers across jurisdictions have embarked on an AI regulatory “arms race,” and worldwide researchers have begun devising a potpourri of regulatory schemes to handle the content risks posed by generative AI products as represented by ChatGPT. However, few existing studies have rigorously questioned the assumption that, if left unregulated, AI chatbot’s output would inflict tangible, severe real harm on human affairs. Most researchers have overlooked the critical possibility that the information market itself can effectively mitigate these risks and, as a result, they tend to use regulatory tools …

Fair Use, Licensing, And Authors' Rights In The Age Of Generative Ai, Celeste Shen

Northwestern Journal of Technology and Intellectual Property

The rise of generative AI technologies has introduced unprecedented challenges to copyright law, particularly around the fair use of copyrighted works in AI training processes. Generative AI tools, such as ChatGPT, are trained on vast datasets that often include copyrighted material, typically without the consent of authors or compensation for use. This widespread, unauthorized use has led to legal disputes, with plaintiffs asserting that using protected texts in training AI models constitutes copyright infringement. This Note examines the application of the fair use doctrine to generative AI, analyzing each of the four statutory factors to demonstrate that generative AI’s commercial …

Generative Artificial Intelligence And Copyright In The Film And Media Industry, Victor A. Oberting Iv

Washington and Lee Law Review Online

The development of generative artificial intelligence (“GAI” or “generative AI”) introduces compelling benefits and capabilities to filmmakers and artists, but also brings complications regarding copyright of creative works. The American film and media industry in particular illustrates the scope of GAI’s legal, economic, and ethical implications. Though GAI may exhibit characteristics of independent agency or intent, GAI models are best understood as a new set of tools that serve a diverse range of applications in the creative process. The potential benefits of this set of tools can only be realized, then, if the filmmakers who use them are not unreasonably …

Is Sunlight The Best Disinfectant? The Role Of Regulation In Addressing Cybersecurity Concerns, Reagan Leverett

Vanderbilt Law Review

The technological landscape in the United States is changing rapidly, and this transformation carries with it unprecedented challenges for administrators, companies, and investors alike. In particular, cybersecurity concerns are growing in light of the new opportunities for cyber malfeasance in this landscape—opportunities to pillage corporate databases and exploit the sensitive consumer information housed therein. For administrators, these new threats challenge prevailing regulatory frameworks and demand novel solutions. For companies, this landscape brings financial and reputational threats. For stakeholders, the cyber era presents the risk of investment losses and, in some cases, loss of personal data.

The Securities and Exchange Commission …

Sharing Of Children’S Health Data By Health Professionals And Parents – A Consideration Of Legal Duties, Dr. Carolyn Johnston

Indian Journal of Law and Technology

Children’s health data such as blood pressure, X-rays and written notes of medical examinations are produced in a clinical setting through health professionals’ interaction with their minor patients. Health care practitioners owe legal and professional obligations not to disclose such information without consent or other legally recognised authorisation. With the increasing advent of data generated by patients themselves from wearable devices such as continuous glucose monitors and health apps, the patient, or parents, have initial control of the data and decide who to share it with. Where wearable devices have been provided to parents by the child’s health care provider …

Conceptualizing An International Framework For Active Private Cyber Defence, Arindrajit Basu, Elonnai Hickok

Indian Journal of Law and Technology

Private sector cyber defence mechanisms are emerging despite existing legislation outlawing use of active defence by individuals and non-state entities. Thus, a key window exists for policy-makers in the possibility of establishing a framework for existing APCD practices that would enable optimal utilisation of private sector capabilities for securing cyber-space at an organizational and national level. This must happen in consonance with circumscribing their operations within the boundaries of the rule of law, both in terms of domestic legislation and international law. This paper seeks to unpack the complexities that underscore each of these challenges and identify avenues towards resolving …

Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar

Indian Journal of Law and Technology

Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.

The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …

"The Law Doesn't Work Like A Computer": Exploring Software Licensing Issues Faced By Legal Practitioners, Nathan Wintersgill, Trevor Stalnaker, Laura A. Heymann, Oscar Chaparro, Denys Poshyvanyk

Faculty Publications

Most modern software products incorporate open source components, which requires compliance with each component’s licenses. As noncompliance can lead to significant repercussions, organizations often seek advice from legal practitioners to maintain license compliance, address licensing issues, and manage the risks of noncompliance. While legal practitioners play a critical role in the process, little is known in the software engineering community about their experiences within the open source license compliance ecosystem. To fill this knowledge gap, a joint team of software engineering and legal researchers designed and conducted a survey with 30 legal practitioners and related occupations and then held 16 …

The Need For An International Ai Research Initiative: How To Create And Sustain A Virtuous Research-Regulation Cycle To Govern Ai, Kevin Frazier

Washington Journal of Law, Technology & Arts

This paper explains the need for an international AI research initiative. The current focus of lawmakers at the subnational, national, and international level on regulation over research has created an imbalance, neglecting the critical role of continuous, informed research in developing laws that keep pace with rapid technological advancements in AI.

The proposed international AI research initiative would serve as a central hub for comprehensive AI risk analysis, modeled on successful precedents like CERN and the IPCC. CERN exemplifies a collaborative research environment with pooled resources from member states, leading to significant advancements in particle physics. Similarly, the IPCC has …

Google Searching For The Truth: Examining The Admissibility Of Internet Search History, Chisup Kim

Washington Journal of Law, Technology & Arts

The internet has become more ubiquitously available than ever before, with search engines serving as the portals to an unparalleled amount of information. As a byproduct of this phenomenon, a vast amount of internet search history has also begun to enter legal proceedings as evidence. The most intimate questions that defendants have asked their search engines have begun to be examined under the scope of the Federal Rules of Evidence or a state equivalent. This Comment examines the admissibility of internet search history and provides a general legal framework based on the Federal Rules of Evidence. Drawing upon six cases, …

Everybody Wants To Rule The World: Central Bank Digital Currencies In The Era Of Decoupling The World’S Two Largest Economies, James M. Cooper

Washington Journal of Law, Technology & Arts

Some 130 central banks around the world are experimenting with various levels of a central bank digital currency (“CBDC”), a digitized form of a sovereign-backed, national currency that is a liability of that country’s central bank. Unlike fiat currency, CBDCs are trackable and potentially subject to interference and even freezing by government authorities. CBDCs will affect citizens’ control over commerce, payments, and savings, and impact their privacy rights. The Chinese government has piloted, refined, and rolled out its own CBDC called the Digital Currency/Electronic Payment initiative (“DC/EP”), also known as the digital yuan or e-CNY. The Chinese government is far …

When Ai Remembers Too Much: Reinventing The Right To Be Forgotten For The Generative Age, Cheng-Chi Chang

Washington Journal of Law, Technology & Arts

The emergence of generative artificial intelligence (AI) systems poses novel challenges for the right to be forgotten. While this right gained prominence following the 2014 Google Spain v. Gonzalez case, generative AI’s limitless memory and ability to reproduce identifiable data from fragments threaten traditional conceptions of forgetting. This Article traces the evolution of the right to be forgotten from its privacy law origins towards an independent entitlement grounded in self-determination for personal information. However, it contends the inherent limitations of using current anonymization, deletion, and geographical blocking mechanisms to prevent AI models from retaining personal data render forgetting infeasible. Moreover, …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Ten Thousand Ai Systems Typing On Keyboards: Generative Ai In Patent Applications And Preemptive Prior Art

Vanderbilt Journal of Entertainment & Technology Law

Generative AI makes it possible to create unlimited amounts of text at essentially zero cost. While this technology has many benefits, it can also be used in ways that undermine the goals of the patent system. This Article identifies policy solutions to address the potentially anti-innovative application of generative AI in several patent-related contexts. First, it examines the use of AI to publish massive online databases of preemptive prior art intended to foreclose patentability. This Article argues that computer-generated invention descriptions published without any substantive nexus to human understanding of their contents should not count as “printed publications” under US …

Improving Ethics Surrounding Collegiate-Level Hacking Education: Recommended Implementation Plan & Affiliation With Peer-Led Initiatives, Shannon Morgan, Dr. Sanjay Goel

Military Cyber Affairs

Cybersecurity has become a pertinent concern, as novel technological innovations create opportunities for threat actors to exfiltrate sensitive data. To meet the demand for professionals in the workforce, universities have ramped up their academic offerings to provide a broad range of cyber-related programs (e.g., cybersecurity, informatics, information technology, digital forensics, computer science, & engineering). As the tactics, techniques, and procedures (TTPs) of hackers evolve, the knowledge and skillset required to be an effective cybersecurity professional have escalated accordingly. Therefore, it is critical to train cyber students both technically and theoretically to actively combat cyber criminals and protect the confidentiality, integrity, …

Using Digital Twins To Protect Biomanufacturing From Cyberattacks, Brenden Fraser-Hevlin, Alec W. Schuler, B. Arda Gozen, Bernard J. Van Wie

Military Cyber Affairs

Understanding of the intersection of cyber vulnerabilities and bioprocess regulation is critical with the rise of artificial intelligence and machine learning in manufacturing. We detail a case study in which we model cyberattacks on network-mediated signals from a novel bioreactor, where it is important to control medium feed rates to maintain cell proliferation. We use a digital twin counterpart reactor to compare glucose and oxygen sensor signals from the bioreactor to predictions from a kinetic growth model, allowing discernment of faulty sensors from hacked signals. Our results demonstrate a successful biomanufacturing cyberattack detection system based on fundamental process control principles.

Characterizing Advanced Persistent Threats Through The Lens Of Cyber Attack Flows, Logan Zeien, Caleb Chang, Ltc Ekzhin Ear, Dr. Shouhuai Xu

Military Cyber Affairs

Effective cyber defense must build upon a deep understanding of real-world cyberattacks to guide the design and deployment of appropriate defensive measures against current and future attacks. In this abridged paper (of which the full paper is available online), we present important concepts for understanding Advanced Persistent Threats (APTs), our methodology to characterize APTs through the lens of attack flows, and a detailed case study of APT28 that demonstrates our method’s viability to draw useful insights. This paper makes three technical contributions. First, we propose a novel method of constructing attack flows to describe APTs. This abstraction allows technical audiences, …

Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar

Military Cyber Affairs

Outer space is a strategic and multifaceted domain that is a crossroads for political, military, and economic interests. From a defense perspective, the U.S. military and intelligence community rely heavily on satellite networks to meet national security objectives and execute military operations and intelligence gathering. This paper examines the evolving threat landscape of the space sector, encompassing natural and man-made perils, emphasizing the rise of cyber threats and the complexity introduced by dual-use technology and commercialization. It also explores the implications for security and resilience, advocating for collaborative efforts among international organizations, governments, and industry to safeguard the space sector.

Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora

Military Cyber Affairs

In a globally commercialized information environment, China uses evolving commercial enabler networks to position and project its goals. They do this through cyber, intelligence, and information operations. This paper breaks down the types of commercial enablers and how they are used operationally. It will also address the CCP's strategy to gather and influence foreign and domestic populations throughout cyberspace. Finally, we conclude with recommendations for mitigating the influence of PRC commercial enablers.

Train Or Restrain? Using International Perspectives To Inform The American Fair Use Analysis Of Copyright In Generative Artificial Intelligence Training, Serena Lightstone

Northwestern Journal of International Law & Business

The rise of generative artificial intelligence (“AI”) has brought questions regarding the permissibility of using copyrighted materials in training generative AI systems around the globe. This article examines whether such use constitutes infringement under the American fair use doctrine, drawing insights from the regulatory approaches of the European Union (EU) and Japan.

Ultimately, this article advocates for United States courts to recognize the permissibility of using copyrighted materials in training generative AI models, rejecting the EU’s rights-holder-centric approach, and going beyond Japan’s limited-permissibility solution. Through a detailed four-factor fair use analysis, this article demonstrates that training generative AI on copyrighted …

Future Market Blueprints: Harnessing Artificial Intelligence In A World Wired For Wonder, David Temprano

Northwestern Journal of International Law & Business

George, Jane, and the gang from The Jetsons promised us the dream to soar with flying cars. Well, we move forward with self-driving cars. Robot maids? Well, we got a handy dandy Roomba. The Turn-off-the-Boss Button? Well, we have screen share toggling and the mute button. What each of these examples has in common is artificial intelligence (AI). According to some estimates, AI and its innovation have the potential to boost the global economy by trillions of dollars a year, revolutionizing society in the process. In this process comes progress, but also worry and questions, law and intervention, along with …

Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.