(Updated re copyright)
This is getting interesting.
Large language models (such as GPT3 and 4) generate text based on probability of what text should follow. They have no internal conception of truth. The probabilities which determine text generation are reflections of conformity and are based on weights of existing usage patterns contained within its database.
The key questions which arise are:
- Who “owns” copyright to the generated text?
- Is the language model merely a tool?
- Is the “user” of the tool responsible for the product or does the owner of the model share responsibility for the product (the generated text)?
The product of the use of a hammer or a screwdriver requires skill (or lack of skill) from the user. The user’s “skill” in the case of a large language model is confined to that used in posing the questions to the chatbot. The user’s skill in posing questions has little impact on the text generated.
ChatGPT: US lawyer admits using AI for case research
A New York lawyer is facing a court hearing of his own after his firm used AI tool ChatGPT for legal research. A judge said the court was faced with an “unprecedented circumstance” after a filing was found to reference example legal cases that did not exist. The lawyer who used the tool told the court he was “unaware that its content could be false”. ChatGPT creates original text on request, but comes with warnings it can “produce inaccurate information”.
The original case involved a man suing an airline over an alleged personal injury. His legal team submitted a brief that cited several previous court cases in an attempt to prove, using precedent, why the case should move forward. But the airline’s lawyers later wrote to the judge to say they could not find several of the cases that were referenced in the brief. “Six of the submitted cases appear to be bogus judicial decisions with bogus quotes and bogus internal citations,” Judge Castel wrote in an order demanding the man’s legal team explain itself. Over the course of several filings, it emerged that the research had not been prepared by Peter LoDuca, the lawyer for the plaintiff, but by a colleague of his at the same law firm. Steven A Schwartz, who has been an attorney for more than 30 years, used ChatGPT to look for similar previous cases. In his written statement, Mr Schwartz clarified that Mr LoDuca had not been part of the research and had no knowledge of how it had been carried out. Mr Schwartz added that he “greatly regrets” relying on the chatbot, which he said he had never used for legal research before and was “unaware that its content could be false”. He has vowed to never use AI to “supplement” his legal research in future “without absolute verification of its authenticity”. Screenshots attached to the filing appear to show a conversation between Mr Schwarz and ChatGPT. “Is varghese a real case,” reads one message, referencing Varghese v. China Southern Airlines Co Ltd, one of the cases that no other lawyer could find. ChatGPT responds that yes, it is – prompting “S” to ask: “What is your source”. After “double checking”, ChatGPT responds again that the case is real and can be found on legal reference databases such as LexisNexis and Westlaw. It says that the other cases it has provided to Mr Schwartz are also real.
Both lawyers, who work for the firm Levidow, Levidow & Oberman, have been ordered to explain why they should not be disciplined at an 8 June hearing. Millions of people have used ChatGPT since it launched in November 2022. It can answer questions in natural, human-like language and it can also mimic other writing styles. It uses the internet as it was in 2021 as its database. There have been concerns over the potential risks of artificial intelligence (AI), including the potential spread of misinformation and bias.
The ChatGPT response regarding copyright is a little too weaselly for my liking:
ktwop: Who owns the copyright to text generated by ChatGPT?
ChatGPT: As an AI language model, I don’t have legal ownership or rights. The text generated by ChatGPT is based on a combination of licensed data, data created by human trainers, and publicly available data. The ownership of the copyright for the individual responses or outputs generated by ChatGPT would typically depend on the specific context and how the model is being used.
In most cases, the copyright for the content generated by an AI language model would likely belong to the person or organization that owns the AI system or has the legal rights to its output. For example, if a company develops and operates ChatGPT, they would generally hold the copyright to the content generated by the model.
It’s important to note that while AI models like ChatGPT can assist in generating text, the responsibility for adhering to copyright laws and ensuring proper usage of generated content lies with the user or organization utilizing the model.
My gut feeling is that the creator/owner of the large language model must carry some responsibility (legal liability) similar to a product liability.
Cornell University. Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.