In July 2019, the UK Supreme Court (UKSC) handed down a judgment in a case that concerned the extent and operation of the principle of open justice (Cape v Dring). The question before the UKSC was how much of the written material placed before the court in a civil action should be accessible
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Regulation Round Up
Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation.
Key developments in February 2024:
29 February
FCA Regulation Round‑up: The UK Financial Conduct Authority (“FCA”) published its regulation round‑up for February 2024.
LIBOR: The FCA published a report containing the outcome of its review…
Targeting Small and Medium Sized Businesses, OpenAI Announces New ChatGPT Team “Game Changer” Licensing Structure
Last week, OpenAI rolled out ChatGPT Team, a flexible subscription structure for small-to-medium sized businesses (with two or more users) that are not large enough to warrant the expense of a ChatGPT Enterprise subscription (which requires a minimum of 150 licensed users). Despite being less expensive than its Enterprise counterpart, ChatGPT Team provides for…
Anthropic Joins the Party, Offers Copyright Shield to Enterprise AI Customers
On December 19, 2023, AI research company Anthropic announced that it had updated and made publicly available its Commercial Terms of Service (effective Jan 1, 2024) to, among other things, indemnify its enterprise Claude API customers from copyright infringement claims made against them for “their authorized use of our services or their outputs.” Specifically, Anthropic…
FTC Appears to Expand AI Regulatory Role into Copyright Matters
In a recent public comment addressed to the United States Copyright Office, the Federal Trade Commission seemingly expanded upon remarks made at the National Advertising Division back in September that it will aggressively and proactively challenge alleged unfair practices involving artificial intelligence, even if that means stretching the meaning of “unfair” to increase its jurisdiction…
Another Web Scraping Dispute Focused on Travel Data
- Flight and travel data has always been valuable for data aggregators and online travel services and has prompted litigation over the years.
- Latest suit from Air Canada against a rewards travel search site raises some interesting liability issues under the CFAA.
- The implications of this case, if the plaintiffs are successful, could impact the legal
…
OpenAI’s “Copyright Shield” Broadens User IP Indemnities for AI-created Content
By Jiyoon Kim & Peter Cramer
In a previous post, we highlighted three key items to look out for when assessing the terms and conditions of generative artificial intelligence (“GAI”) tools: training rights, use restrictions and responsibility for outputs. With respect to responsibility for outputs specifically, we detailed Microsoft’s shift away, through its Copilot Copyright Commitment (discussed in greater detail…
White House Issues First Artificial Intelligence Executive Order: AI Guidance for Federal Contractors Forthcoming
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial intelligence.
Of particular interest to federal government contractors, the EO provides that within 365 days of publication, “to prevent unlawful discrimination from…
As Generative AI Tools Proliferate, Terms and Conditions Are Becoming a Key Differentiator
By Peter Cramer
In the first half of 2023, a deluge of new generative artificial intelligence (“GAI”) tools hit the market, with companies ranging from startups to tech giants rolling out new products. In the large language model space alone, we have seen OpenAI’s GPT-4, Meta’s LLaMA, Anthropic’s Claude 2, Microsoft’s Bing AI, and others.
A proliferation of…
President Issues Sweeping Executive Order to Manage Risks of AI
On October 30, 2023, President Biden issued an “Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence” (Fact Sheet, here) designed to spur new AI safety and security standards, encourage the development of privacy-preserving technologies in conjunction with AI training, address certain instances of algorithmic discrimination, advance the responsible use of AI…