Oral Presentations and Performances: Session III
Project Type
Presentation
Project Funding and Affiliations
N/A
Faculty Mentor’s Full Name
Soazig Le Bihan
Faculty Mentor’s Department
Philosophy
Abstract / Artist's Statement
This paper will argue that the courts’ traditional view of damages inhibits its ability to uphold the principles of intellectual property in the climate of Artificial Intelligence (AI). Language learning models (LLMs), using the practice of scraping, allow large systems to train using the copying of copyright protected work. This harms creative communities in ways that intellectual property laws could help prevent were it not for the courts limited understanding of damages. The courts hold the economic consequentialist view which sees damage as having only two components, the tortfeasor and the victim. I propose the use of a deontological framework to replace the existing one to better understand how scraping violates intellectual property rights.
Category
Humanities
A New Framework for Intellectual Property in the age of AI
UC 333
This paper will argue that the courts’ traditional view of damages inhibits its ability to uphold the principles of intellectual property in the climate of Artificial Intelligence (AI). Language learning models (LLMs), using the practice of scraping, allow large systems to train using the copying of copyright protected work. This harms creative communities in ways that intellectual property laws could help prevent were it not for the courts limited understanding of damages. The courts hold the economic consequentialist view which sees damage as having only two components, the tortfeasor and the victim. I propose the use of a deontological framework to replace the existing one to better understand how scraping violates intellectual property rights.