Within the last month two U.S> judges have effectively declared AI bots are not human, writes Los Angeles Times columnist Michael Hiltzik:
On Monday, the Supreme Court declined to take up a lawsuit in which artist and computer scientist Stephen Thaler tried to copyright an artwork that he acknowledged had been created by an AI bot of his own invention. That left in place a ruling last year by the District of Columbia Court of Appeals, which held that art created by non-humans can't be copyrighted... [Judge Patricia A. Millett] cited longstanding regulations of the Copyright Office requiring that "for a work to be copyrightable, it must owe its origin to a human being"... She rejected Thaler's argument, as had the federal trial judge who first heard the case, that the Copyright Office's insistence that the author of a work must be human was unconstitutional. The Supreme Court evidently agreed...
[Another AI-related case] involved one Bradley Heppner, who was indicted by a federal grand jury for allegedly looting $150 million from a financial services company he chaired. Heppner pleaded innocent and was released on $25-million bail. The case is pending.... Knowing that an indictment was in the offing, Heppner had consulted Claude for help on a defense strategy. His lawyers asserted that those exchanges, which were set forth in written memos, were tantamount to consultations with Heppner's lawyers; therefore, his lawyers said, they were confidential according to attorney-client privilege and couldn't be used against Heppner in court. (They also cited the related attorney work product doctrine, which grants confidentiality to lawyers' notes and other similar material.) That was a nontrivial point. Heppner had given Claude information he had learned from his lawyers, and shared Claude's responses with his lawyers.
[Federal Judge Jed S.] Rakoff made short work of this argument. First, he ruled, the AI documents weren't communications between Heppner and his attorneys, since Claude isn't an attorney... Second, he wrote, the exchanges between Heppner and Claude weren't confidential. In its terms of use, Anthropic claims the right to collect both a user's queries and Claude's responses, use them to "train" Claude, and disclose them to others. Finally, he wasn't asking Claude for legal advice, but for information he could pass on to his own lawyers, or not. Indeed, when prosecutors tested Claude by asking whether it could give legal advice, the bot advised them to "consult with a qualified attorney."
The columnist agrees AI-generated results shouldn't receive the same protections as human-generated material. "The AI bots are machines, and portraying them as though they're thinking creatures like artists or attorneys doesn't change that, and shouldn't."
He also seems to think their output is at best second-hand regurgitation. "Everything an AI bot spews out is, at more than a fundamental level, the product of human creativity."
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