[lower flag is Cascadia]
Open source has always found its legal foundation primarily in copyright. Although many codes of behavior around open source have been adopted and promulgated by various open source communities, in the end it is the license attached to any piece of open source that dictates how it may be used and what obligations a user must abide by in order to remain legally compliant. Artificial Intelligence is raising, and will continue to raise, profound questions about how copyright law applies -- or does not apply -- to the process of ingesting training content, processing that content to extract information used to generate output, what the that information is, and the nature of the output produced. Much debate, and quite a bit of litigation, has recently been generated around questions raised by the input phase of training Artificial Intelligence, and to what extent the creators of materials used in that input phase have any right -- morally or legally -- to object to that training. At the same time, whether or not the output of AI can be the subject matter of copyright, or patent, protection is also being tested in various jurisdictions -- with clashing results. What occurs between input and output remains an unresolved issue -- and whether there is any legal regime that can be used to guarantee that legal, normative rules can control how those processes are used exist in the way that copyright, and copyright licensing, do so in open source at present. The presentation will discuss these issues in depth with a lens toward testing whether copyright -- or any other intellectual property regime -- really can be useful in keeping AI "open."
Blog posting below is by a client who hired me to challenge an overbroad patent covering his community's open source (GPL) 3D printing device.
A client's perspective on the process (and how often people are offered the most expensive alternative, or not to even try).
There are some larger lessons here that I'm going to write on in a bit, after the patent office process is officially complete.
H/T to Alex Moss @ Public Interest Patent Law Institute for the referral.
https://torbjornludvigsen.com/blog/2023/#patent_1
I’m not sure putting this article behind a prohibitively expensive paywall is best way to get the word out about this legislation, which is problematic.
FWIW the patent in question was invalidated, without using IPR, by yours truly.
https://www.theinformation.com/articles/keep-patent-trolls-in-check
Many startups and tech nonprofits face legal harassment from patent holders that don’t make products but file lawsuits in the hopes of wringing settlements from businesses. These so-called patent trolls have been thorns in the side of small innovators for years. Now, the U.S. Patent and ...