Shows
AI the Law & YouVoice Actors Sue Lovo after hearing their own voices in a podcast they never recorded We've got two representative plaintiffs that purport to essentially represent a group of similarly situated people. And in this case, they talk about potentially hundreds, if not thousands of similarly situated actors. The first question I have is, is to what extent do these two actors, pursuant to their SAG agreement, have the right to sue um, in light of the claims?In other words, they're members of a union. They are represented by that union, and typically the union steps in for them to advocate their professional position. This is a claim that, that, as I re...2024-05-2831 minAI the Law & YouAWS Whistleblower says Amazon is Ignoring its own AI PoliciesFrom Shannon Lietz: For companies that are starting to adopt things like AI, and Copilot, and ChatGPT, and LLAMA, and you name whatever LLM that's out there, Are they evaluating their policies with relationship to how data gets used ? My perspective is, if you're going to bring in public data, or you're going to bring in copyrighted materials, note that because it could be a concern. It could end up in something that does get flagged for future lawsuits.From Mark Miller: In today’s episode, Joel, Shannon and I discuss a case where an employee at AW...2024-05-2122 minAI the Law & YouThe Story Behind the Google Fine by the French Competition AuthorityFrom Joel MacMull: The French competition authority last week said the tech giant, Google, failed to negotiate fair licensing deals with media outlets and did not tell them it was using their articles to train its chatbot. And as a consequence, it fined Google about 270 million US dollars. The fine was in Euros, but that's roughly what we're dealing with in terms of a conversion rate.So it's not nothing, but also for one of the largest tech companies in the world, it's, it's, you know, certainly not going to make a material difference to their bottom...2024-04-2616 minAI the Law & YouAir Canada: Chatbot is a legal entity responsible for its own actionsIn today’s episode, we talk about how Air Canada tried to defend itself in court by contending that the chatbot on its company site is its own entity and is separate from Air Canada. A lot of the “fun” in this case is the absurdity of the defense. However, it’s a good case for thought experiments, thinking about the near term future of AI and who ultimately is responsible for its output. While prepping for this call, I really did dig into the case here because of the absurdity of it in my mind. Joel, give us a...2024-03-0530 minAI the Law & YouIntroducting AI host, AILAH: The George Carlin deepfake video case. Is it defensible?In today's episode, we investigate a case featuring a deep fake of a George Carlin comedy routine. We're also adding a new host, the voice of AILAH, an AI engine who will be giving us real time responses to questions within the discussion. Shannon and I were intrigued by some of the ideas AILAH came up with, which moved our thoughts in a direction different from where we originally intended. Adding eyelid to the mix turned in. Adding AILAH to the mix turned this into a very interesting discussion. Mark: "AILAH, give us an overview...2024-02-2323 minAI the Law & YouThe Legal Confusion between AI and Generative AI in the CourtsYou are listening to AI, the Law and You, a show where a lawyer, a layman, and a technologist discuss the current state of AI in court filings and the court's response to those filings. These are not scripted talking points. What you hear are real conversations between Joel MacMull (the lawyer), Shannon Lietz (the technologist), and Mark Miller (the layman). In today's episode, we discussed the confusion in the court system about the differences between AI and Generative AI. We'll start with Joel giving a brief overview of the current state of AI in the courts. ...2024-01-3022 minAI the Law & YouAI Copyright Law for Non-Humans, with Joel MacMull, Shannon Lietz, and Mark MillerIn today's episode, we examine the case of Steven Thaler trying to copyright protect a piece of artwork generated by his instructions to an AI creation engine. We'll start with Joel's overview of the case.The Thaler case is interesting for a couple of reasons. One is obviously that it deals with AI, but it is also an extension of existing legal principles. I mean, the long and short of it is, was that Stephen Thaler applied for a copyright with the Copyright Office. He indicated that he was the claimant, but that the author was essentially...2024-01-1624 minAI the Law & YouWho is Culpable when Michael Cohen Feeds Bogus Citations to his Legal Counsel?In today’s episode, we examine the case against Michael Cohen, former Trump legal advisor, whose own counsel was exposed in a New York Times article on December 29, 2023, for using ChatGPT, non-existence legal citations in a court filing. The interesting twist to the story is that Cohen, himself, provided those citations to his counsel. I’ll let lawyer Joel MacMull explain the details, before technologist Shannon Lietz and I jump to add our thoughts on the case. Background: Michael Cohen gave his then lawyer, some fictitious citations that he had identified from Google BARD, that of course were...2024-01-0925 min
You're kidding me... That's in my EULA??That's a Wrap! End of Season OneThis is the final episode of our 10 part series on End User License Agreements or EULAs for short. I'm Mark Miller, Executive Producer and host of "That's in My EULA??" When Joel MacMull and I thought about this series, our assumption was that we'd reach a point where the agreements we were analyzing would start to look alike, and that's pretty much what's happened.What we're going to do in this episode is to do a quick review and go over the highlights of the series, the highs and lows, to give you some quick insights into...2023-06-2615 minYou're kidding me... That's in my EULA??ChatGPT take Steven Schwartz to CourtThe transcript and resources for this episode are available at WhatsInMyEULA.com. There was a historical case presented in federal court in New York City last week. Lawyer Steven Schwartz was hauled into court for using unresearched, unsubstantiated output from ChatGPT to defend a client. For those of us following the case, it's a chance to get a firsthand look at a judge who will be setting precedents around the country, if not the world, when it comes to using AI output in a courtroom. Joel MacMull has presented before Judge Castel, who is presiding...2023-06-1631 minYou're kidding me... That's in my EULA??Hey, Charles Schwab! Is that really in your EULA??You can subscribe to have access to all episodes of "That's in my EULA??" on your favorite audio streaming platform, or go directly to the website at https://whatsinmyeula.com/. All free, all ungated.From Mark Miller:As I started looking at the Charles Schwab terms of agreemnt, I started thinking, "This is what I expected." This is a financial institution that has a whole different set of laws that have to be applied to what they're doing. What impressed me though, as I was looking at this is it was relatively clear what I...2023-06-0915 minYou're kidding me... That's in my EULA??Hey Canva! You’ve got a really good EULA.Mark Miller: You and I have been discussing, will we ever see anything that's not onerous or incomprehensible. This looks like something written by people for people. Joel MacMull: That's exactly right. We have seen some real dogs over the last two months and this was a pleasant surprise.And what's really interesting about it, and we're going to hopefully get into this, is that you've got your main terms of use and then one of the hyperlinks, of course is their content license. The content license here, given the nature of...2023-05-1825 minYou're kidding me... That's in my EULA??Hey Amazon! Is that really in my EULA??Joel MacMull: Our listeners listening with care may say, these guys can't even get on the same page as to what the appropriate Amazon Terms of Service are necessarily that would apply to the average bear, but I would submit to you that in of itself is demonstrative of the larger issue of just how complex and how utterly unconscionable, and frankly idiotic, these various agreements are.I like to think of myself as at least an average lawyer.In looking at a document entitled AWS Service Terms that was last updated...2023-05-1120 minYou're kidding me... That's in my EULA??You're kidding me... that's in Slack's terms of agreement?We're choosing to talk about Slack because virtually every technology company is using Slack. It's ubiquitous. It's almost like de facto standard for communication. One of the things that I found, and maybe you appreciated this too, is when I went through the documentation, just pages and pages and addendums, whatever. But it's not legalese. It's not legal jargon, which I very much appreciate it. From lawyer Joel MacMull:Yeah. All right. So, so, so First of all, let's talk about the manner in which it's drafted. To their credit...2023-04-2728 minYou're kidding me... That's in my EULA??Experian, Transunion, and Equifax: What's in their terms of service?From lawyer Joel MacMull: These three entities - Experian, Transunion, Equifax - whether we like it or not, sit on a lot of personal information of ours.I don't know, frankly, the authority by which they're able to collect that information. We certainly know that they sell that information, but there's no way for us short of falling off the grid in a Ted Kazinski style fashion, to not essentially have our data at least be picked up by these companies. From Mark Miller:A lot of the times when we...2023-04-2023 minYou're kidding me... That's in my EULA??YouTube and Google: What's in their EULA?Get the full transcript at : whatsinmyeula.comMark Miller (MM) I tried to read through the terms of agreement for YouTube. There's obfuscation going on here on purpose.Joel MacMull (JM) I agree with you wholeheartedly. First of all, let's talk about where the terms and conditions appear on the YouTube page, which I would submit to you, is not for nothing. If you go to youtube.com and you look at it, you've got all of these tiles and you've got all of these various links on the left hand si...2023-04-1324 min
It's 5:05! Daily cybersecurity and open source briefingEpisode #116 - Sister Podcasts, Uber Suffered Supply Chain Attack, Apple Patches Exploited Zero DaysHey, it's 5:05 on Monday, April 10th, 2023. From The Sourced Podcast Network in New York City, this is your host, Pokie Huang. Stories in today's episode come from Edwin Kwan in Sydney, Australia, Katy Craig in San Diego, California, Marcel Brown in St. Louis, Missouri. We will start today's episode with a message from our executive producer, Mark Miller, live from the streets of New York City.Let's get to it.Sister Podcasts🇺🇸 Mark Miller, New York CityThat’s in my EULA?? with lawyer Joel MacMullhttps://whatsinmy...2023-04-1008 min
It's 5:05! Daily cybersecurity and open source briefingEpisode #114 - Sourced Network, TikTok Banned, AI WorriesHey, it's 5:05 on Thursday, April 6th, 2023. From The Sourced Podcast Network in New York City, this is your host, Pokie Huang. Stories in today's episode come from Mark Miller in New York City, Edwin Kwan in Sydney, Australia, Katy Craig in San Diego, California, Marcel Brown in St. Louis, Missouri. Let's get to it.Sourced Network Update🇺🇸 Mark Miller, New York CityThat’s in my EULA?? with lawyer Joel MacMullhttps://whatsinmyeula.com/Real Technologists with host Tracy Bannonhttps://realtechnologists.org/daBOM wit...2023-04-0610 minYou're kidding me... That's in my EULA??What's in the TikTok Terms of Service, with lawyer Joel MacMullWhen I first came up with the idea to do a show on Terms of Agreement, TikTok was the first that came to mind. I called Joel MacMull immediately. He just laughed and agreed it had the great makings for an expose as to what’s in the thing. Now, with all the noise and foot stomping in Congress, it seems a natural time to release this episode of “That’s in my EULA??”. If you’ve got TikTok on your phone, and a couple 100 million of you do, you’ll want to hear what Joel found in his resear...2023-04-0620 minYou're kidding me... That's in my EULA??That's in my EULA?? - An IntroductionTranscript and resources for this episode available at WhatsInMyEULA.comWhen was the last time you read the terms of agreement before clicking the “Accept” button after downloading a new app? Before I started this podcast, if you’re like me, that would be “never”. I would venture to guess that no one, not even the most detail oriented, go-by-the-book person has EVER completely read the terms of agreement, along with all the links and attachments, when giving access to a new app. That’s what “That’s in my EULA??” is about. This is the host of “You’re...2023-03-2304 min
Music Business Hacks#111 - How to Get a Registered TrademarkWhat is a trademark and why should every artist get one? How does it differ from a copyright? In today's episode, we discuss some of the most important information about getting a trademark registration for your music business. Resources: Need a trademark registration? Try one of these attorneys: Ron Coleman Joel MacMull Anthony McNamer Want to try it yourself? Go to the official United States Patent and Trademark Office2018-05-2207 min