AI Legal Crossroads in 2024 - Lessons from the Past to Shape the Future

Today, I want to explore the fascinating intersection of AI & law. By examining past technological revolutions, we can gain valuable insights into how the upcoming 2024 legal cases involving AI might unfold.

This reflection is not just about understanding our past but about envisioning a future where technology and law harmoniously coexist. That usually takes place months, if not years once those two collide. As someone who has been in the tech sector for a long time, I've seen a few of these waves so let me set the scene of what we have seen before and how this may play out for us moving forward.

The Music Industry's Digital Transformation

Let’s cast our minds back to the late 90s and early 2000s. The music industry faced its biggest challenge yet with the advent of Napster - a great solution to the problem of getting access to the best songs for free. This wasn't just a story about piracy, it was about how emerging digital technologies were outpacing existing copyright laws and disrupting old guard industries. The legal resolutions during this era eventually led to the emergence of new compliant platforms like iTunes and later Spotify, which transformed music distribution, consumption and enjoyment.

The Evolution of Internet Search

A similar and parallel transformation occurred in the realm of internet search around the same time. Early search engines found themselves navigating through a thicket of legal challenges and battles about what they could and should not be downloading and indexing. The final outcome?

A revised set of fair use policies that redefined the rules of digital content accessibility. These changes didn't just affect tech companies, they reshaped how everyday users accessed and utilized information.

AI's 'Napster Moment'

Fast forward to today and AI is at a similar inflection point like music and search was in their adoption waves. The ongoing legal battle involving major players like The New York Times, OpenAI and Microsoft could very well define AI’s future, much like the Napster case did for music and Google for internet search.? While this is taking shape in the US, other parts of the world are pressing on.

Japan Makes the 1st Move

In a bold move, Japan has recently decided to not enforce copyright restrictions on data used for AI training. Yup you read this correctly, and apparently this is still okay even if you acquired the training dataset content illegally. Personally I do want to see this tested!

Their strategy highlights a forward thinking nation, one that acknowledges the necessity for AI systems to access a broad range of information for their collective advancement and innovation.?

If Japan is doing this with such gusto, what about other countries? Especially those where the law comes last?? Those AI models created by rogue governments and nations will certainly not blink an eye before training their models on everything they can get their digital hands on, legally or otherwise.

Potential Future Developments

For most nations, one can expect that the future might eventually unfold with the development of platforms akin to iTunes and Spotify for AI, with inclusion of new legal clauses and small amendments for fair content use. These platforms could provide structured and legal avenues for AI access and usage.

A personal anecdote here:

In a recent conversation with a friend, we discussed the integration of tax law into AI systems. We envisioned a future where the Australian Tax Office (ATO) not only publishes tax guidelines but also offers an AI model for immediate tax advice. Why not just skip to the end state, give the AI model away and ensure it's been trained to their level of tax advice standards? Free to Australian tax payers but accessible for a small fee to all others. AiTunes for Tax anyone?

OpenAI's Collaborative Approach to side-step the Courts

In other significant developments, OpenAI has already been forging partnerships with organizations like the Associated Press and Axel Springer. These collaborations are not just about accessing quality content - they are about setting a precedent for how AI can be used ethically and effectively in different domains.

So while those who feel harmed by AI models being trained on their data will pursuit the legal recourse path, for those who play the long game and partner, will stand to benefit more.

In Conclusion

The journey of AI is at a crucial juncture but not too dissimilar from past disruptive technology waves. As we have learned from the past, technological advancements inevitably prompt a reshaping of industries and legal frameworks. It’s imperative that we find a way to balance protecting intellectual property with the imperatives to support innovation.

As the US works toward these, what are countries like Australia and others doing about this?? How can we develop a legal framework that not only supports the growth of AI, but also ensures that we all remain at the forefront of innovation?

Let me know what you think, or maybe even know about Australian efforts?

Until next time...

Cheers

DrPete