The European Union Artificial Intelligence Act (EU AIA) contains provisions that would require providers of general purpose AI models to comply with transparency obligation regarding the data using for training their models. It also contains a provision that would require providers of general purpose AI models “to put in place a policy to
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My Panel on copyright developments at the Fordham IP Conference
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Understanding Bill C-27 from the INDU Committee review
Bill C-27, the Act to enact the new privacy law (the CPPA) and the new law to regulate artifical intelligence (AIDA) has been the subject of much examination and debate including at the INDU Committee. The INDU Committee has now completed hearing from witnesses and has received numerous briefs commenting on…
Copyright and Generative AI: Understanding Recent Chinese Court Decisions
Two recent decisions regarding copyright and generative artificial intelligence (AI) handed down by Chinese courts are notable. In one, a court found that output created using Stable Diffusion could be subject to copyright. In the other, a court found that output generated by a generative AI system could infringe the reproduction and adaptation right…
Exploring the Definitions of AI for Legal Purposes
There is a lot being written about artificial intelligence (AI). There are also many different ways of defining the term AI including for legal purposes. This post will examine some of the leading legally defined uses of the terms AI and generative artificial intelligence.
Legal definitions of Artificial Intelligence
The leading definition of artificial intelligence…
Privacy of IP Addresses: Understanding the Supreme Court Ruling in R. v. Bykovets
In R. v. Bykovets, 2024 SCC 6, the Supreme Court of Canada ruled that for Charter of Rights purposes, a person being investigated by the police has a reasonable expectation of privacy in an IP address in the possession of a third person, in this case a payment processor, even when not linked to…
Cold War 2.0: The Battle Between Democracies and Autocracies: book review
There is a major battle being waged between the world’s democratic countries led by the United States, Germany, France, South Korea, and Japan and the major autocracies led by China and Russia. This battle, called “Cold War 2.0 Artificial Intelligence in the New Battle between China, Russia, and America” in the new book…
Online Harms Act: Ensuring the Safety of Persons in Canada
The Federal government gave first reading today to the long awaited, Online Harms Act, Bill C-63.
The draft law is summarized as follows:
Part 1 of this enactment enacts the Online Harms Act, whose purpose is to, among other things, promote the online safety of persons in Canada, reduce harms caused to persons in Canada…
Generative AI litigation: the Github and Tremblay decisions
In a prior post, I summarized four United States copyright decisions that examined copyright infringement liability for training and making available generative AI (GenAI) services. It focused, among other things, on whether:
- downloading and copying of works (or other copyright subject matter) to train GenAI models infringes copyright;
- the trained GenAI models are infringing
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Moffatt v. Air Canada: A Misrepresentation by an AI Chatbot
The recent decision in Moffatt v. Air Canada, 2024 BCCRT 149, represents a milestone in the expanding field of digital interactions and accountability. The case grapples with whether a company can be held liable for misleading information provided by an automated chatbot on its website. The decision held that a company can be liable…