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Reframing the AI Debate Will Improve How We Practice Law
For the last several years, I’ve become obsessed with a particular legal, technological, and philosophical question: Can a robot invent on its own?
I’ve long agonized over this issue, following with bated breath the ins and outs of the quixotic global mission by computer scientist Stephen Thaler to secure patent rights for DABUS, the unique machine he developed that, he asserts, has invented a beverage container and an emergency beacon.
My quest led me to Thaler’s office in St. Charles, Missouri, where I encountered DABUS in the “flesh,” probed his claims, and reached my own conclusions about whether a machine can qualify as an inventor.
But along the way, I learned much broader lessons about artificial intelligence (AI), how our discourse about machines has gone awry, and how consulting traditional models can provide clarity — especially to thorny legal issues at the intersection of technology and IP law.
The AI Debate: Four Schools of Thought
IP Strategist readers needn’t be reminded how the debate over AI in general, and its application to the practice of law in particular, has, in recent years, grown increasingly polarized.1. Positive Autonomists
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.