AI use sees increase in terms‑of‑service disputes

In the Lexpert Special Edition on Technology, partner Andrew Bernstein discussed the increasing copyright lawsuits against AI companies that include violations of website terms of service. As generative AI becomes more widely used, he expects these types of disputes to become more common.

“One of the use cases for AI is you take a bunch of documents, and you load it into your AI, and you ask the AI to summarize the documents,” Andrew said.

“If you’re downloading 100 news articles, you better look at the terms of service that you have with your news provider and [make] sure that you’re allowed to upload them into your AI, because otherwise, you’re making these copies, and they may not be permitted.”

Read: A new frontier: publicly available AI and the loss of privilege

Andrew urged people to be far more aware of their rights than they have been in the past.

“It’s one thing to pass an article around the office, it’s another to upload it into a third-party piece of software,” he added.

You can read more about our Artificial Intelligence work on our practice page.

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