Konsep Inti
This paper presents a comprehensive taxonomy of legal risks associated with the development and deployment of generative artificial intelligence (GenAI) models, including the most common claims made in existing lawsuits as well as other potential legal risks.
Abstrak
This paper provides a detailed overview of the legal risks associated with generative artificial intelligence (GenAI) models. The authors first identified the 22 lawsuits filed against prominent GenAI entities and tallied the claims made in each lawsuit. From this analysis, they identified the 7 most common legal claims that are likely to be brought in future GenAI-related lawsuits:
- Direct copyright infringement
- Vicarious copyright infringement
- Contributory copyright infringement
- Violations of the Digital Millennium Copyright Act (DMCA) 1202(b)
- Unjust enrichment
- Negligence
- Unfair competition
For each of these 7 claims, the authors describe the key elements that plaintiffs must prove and provide examples of how they may apply to GenAI.
The authors also identified 30 other potential legal claims that are less common but still worth considering, separating them into 19 claims more likely to arise in the pre-deployment phase and 11 claims more likely to arise post-deployment. These include various contract, tort, property, criminal, and privacy-related claims.
For each of these additional claims, the authors provide a brief overview of the key elements and potential penalties.
The paper concludes by noting the novelty of GenAI technology and proposing applications for the taxonomy in driving further research on the legal risks.
Statistik
"GenAI models have expanded from single-modality (e.g., text or image-based) to multi-modal (e.g., generating both images and text, and possibly audio, code, and video)."
"Researchers have already identified a slew of potential risks and categorized them into groups and hierarchies called taxonomies, such as ethical, sociotechnical, code generating, privacy, and security risks."
"We tallied the frequency of each claim that appears in 22 lawsuits against prominent GenAI entities."
"The penalties for direct infringement can include statutory damages ranging from $750 to $30,000 per work, or up to $150,000 per work for willful infringement, as well as actual damages and profits, injunctions, and attorney's fees."
Kutipan
"For the most part, it remains unsettled as to how existing statutes and common law will apply to what may be a sufficiently unique form of technology to merit review de novo."
"Frequency is a good proxy for the types of arguments that plaintiffs believe have at least a reasonable chance of success."
"Copyright infringement applies strict liability, meaning it does not require knowledge of infringement or intent to infringe by the defendant."