Landscape of Generative Artificial Intelligence Litigation

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● Beginning in 2023, courts in the US have seen an increase in lawsuits challenging the legality and use of generative AI systems.
● Generative AI refers to AI that generates new content based on patterns it has learned from training, with many systems built on large language models.
● Early generative AI litigation has focused on data used in training systems, with claims including copyright infringement, invasion of privacy, and violation of consumer protection acts.
● The shift in litigation focus is moving from developers to users of generative AI systems, with claims revolving around misuse, errors, and failure to protect personal data.
● Steps companies can take to protect themselves from liability include understanding the system, securing contractual protections, creating AUPs, establishing risk management frameworks, and educating personnel on safe and responsible use.

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