Category: Volume 9, Issue 1

Volume 9, Issue 1

Artificial Creativity: A Case Against Copyright for AI-Created Visual Artwork

By Megan Svedman

from Volume 9 (2019-2020)

Download this Article in PDF format from The Jerome Hall Law Library’s Digital Repository.

Artificial intelligence is becoming increasingly complex, and provides examples of compelling, human-like performances. One such artificial intelligence technology is known as Creative Adversarial Network (“CAN”) technology, which relies on inputs of preexisting pieces of art to create pieces of original art that pass as human-made. Whether the coders responsible for CAN-technology should be granted coverage for the resultant art remains an open question in United States jurisprudence. This paper seeks to explore why, given both software’s historical legacy in copyright law and bedrock copyright justifications, extending copyright coverage to the coders responsible for CAN technology would be a grave misstep in copyright policy.

A Production View on Patent Procurement

By Ian C. Schick

from Volume 9 (2019-2020)

Download this Article in PDF format from The Jerome Hall Law Library’s Digital Repository.

When we think of a “production environment,” a law firm patent practice is not usually the first thing that comes to mind. But why not? Patent practices are highly process-oriented, and they certainly involve “manufacturing” work product, primarily in the form of new patent applications and office action responses. This article discusses how, with a production view on patent procurement, exploiting the principles of lean production can be a compelling way to adapt to tough issues presently roiling the patent ecosystem.

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Using AI to Analyze Patent Claim Indefiniteness

by Dean Alderucci and Kevin D. Ashley

from Volume 9 (2019-2020)

Download this Article in PDF format from The Jerome Hall Law Library’s Digital Repository.

We describe how to use artificial intelligence (AI) techniques to partially automate a type of legal analysis, determining whether a patent claim satisfies the definiteness requirement. Although fully automating such a high-level cognitive task is well beyond state-of-the-art AI, we show that AI can nevertheless assist the decision maker in making this determination. Specifically, the use of custom AI technology can aid the decision maker by (1) mining patent text to rapidly bring relevant information to the decision maker’s attention, and (2) suggesting simple inferences that can be drawn from that information.

Internet (Re)Search by Judges, Jurors, and Lawyers

by H. Albert Liou and Jasper L. Tran

from Volume 9 (2019-2020)

Download this Article in PDF format from The Jerome Hall Law Library’s Digital Repository.

How can Internet research be used properly and reliably in law? This paper analyzes several key and very different issues affecting judges, jurors, and lawyers. With respect to judges, this paper discusses the rules of judicial conduct and how they guide the appropriate use of the Internet for research; the standards for judicial notice; and whether judges can consider a third category of non-adversarially presented, non-judicially noticed factual evidence. With respect to jurors, this paper discusses causes of and deterrents to jurors conducting Internet research during trials; and the recourse available to parties who are adversely impacted by such behavior. With respect to lawyers, this paper discusses reliance on and potential pitfalls of using free Internet resources to conduct legal research; the dangers of rotten Internet links; and evidentiary considerations in citing to Internet evidence.