The Delhi High Court has released what may be one of the most consequential copyright decisions yet on artificial intelligence, ruling in ANI Media Pvt. Ltd. v. OpenAI that OpenAI’s use of copyrighted news articles to train the models behind ChatGPT is prima facie fair dealing. The 135-page decision of Justice Amit Bansal, released last week, dismissed an Indian news agency’s application for an interim injunction, and while it is expressly not a final ruling on the merits, it features valuable analysis of the copyright implications of machine research, market harm and the public interest. The case is particularly notable from a Canadian perspective since it is the 2004 landmark CCH Supreme Court of Canada copyright case that provides the decision’s fair dealing foundation.
Post Tagged with: "artificial intelligence"
Outdated Data and Dubious Comparisons: Digging into the Government’s AI Strategy Adoption Claims
The government’s national AI strategy is largely framed around the notion that Canada has an AI adoption problem. At the launch last month, Prime Minister Mark Carney said that “only 12% of Canadian businesses are using AI today” and presented the strategy as a plan to address concerns that Canada lags behind other countries. AI Minister Evan Solomon echoed the same issue and put a specific number on it, targeting an increase from 12 per cent to 60 per cent. The AI adoption issue helped justify billions in spending and the suite of new legislative reforms. I’m supportive of many of the measures, but a closer look at the statistics and comparisons the government used shows that it relied on outdated data and dubious comparisons. In fact, Statistics Canada had actually released new data on business adoption of AI days before the strategy’s release that placed it at 19.2%, yet the government instead pointed to the older figure of 12 per cent, which made a stronger case that adoption was lagging and that new government support was needed.
Why Social Media and AI Chatbot Bans for Kids Are Bad Policy: Making the Case at the Senate Social Affairs, Science and Tech Committee
The Standing Senate Committee on Social Affairs, Science and Technology is one of several committees in the House and Senate conducting hearings on artificial intelligence. I appeared before the committee yesterday (my fourth appearance on the issue in recent months), but rather than reiterate previous testimony on privacy, copyright, and transparency, I focused on the big issue of the moment: bans on social media and AI chatbots for children. The committee had been hearing from many supportive witnesses who emphasized the risk of harm associated with AI. Indeed, one Senator asked the panel before mine to raise their hands if they supported a ban, and virtually all hands went up. I was unsure about how my comments would be received, but I found the Senators open to debate on the issue. A video of my opening remarks, together with the transcript, is posted below. A future Law Bytes podcast episode will delve into the discussion that followed.
Government Has a Choice: Why an AI Chatbot Ban for Kids is an Even Worse Idea Than a Social Media Ban
The frenzy to ban kids from social media continues to grow with Culture Minister Marc Miller telling a House of Commons committee that the government has no choice but to act. Miller’s comments are consistent with the federal Liberal policy convention vote backing a minimum age of 16 and Manitoba Premier Wab Kinew announcing that his government will be the first in Canada to ban kids from both social media and AI chatbots. The problem, as I documented in detail last week, is that good intentions do not make for good policy. In this case, a social media ban is bad policy because it does not address the underlying problems with the platforms, evidence to date suggests it doesn’t work, and it creates its own harms. But the bad policy does not end there, as the possibility of extending that same framework to AI chatbots is now squarely on the table. This post examines the implications of a ban on kids’ use of AI chatbots, arguing that such an approach is even worse than a social media ban. To be clear, regulation of AI chatbots is needed, but a ban leaves the genuine concerns associated with AI chatbots largely untouched.
AI Without Canada: Why the Heritage Committee’s AI Report Could Lead to Less Canadian Content in the Training Data
When I appeared before the Standing Committee on Canadian Heritage last fall for its study on AI and the creative industries, I emphasized that the large language models and generative AI systems that are reshaping how people access information, culture, and entertainment are only as representative as the data on which they are trained. If Canadian works, perspectives, and cultural content are absent from those models, Canada risks disappearing in the AI-mediated world. The committee’s report, released this month, acknowledges this concern, but its lead recommendation risks making the situation worse.
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