NYTimes vs OpenAI: Generative AI and the Law with Cecilia Ziniti, Founder and CEO of GC AI

Published: Jan. 23, 2024, 8 a.m.

In this episode, Nathan sits down with tech lawyer Cecilia Zeniti, Founder & CEO of GC AI, the AI for in-house counsel. They discuss the origins of IP law in the US Constitution to promote creativity, the "fair use doctrine" and how OpenAI could argue ChatGPT is transformative, Google's patenting strategy around the transformer, and much more. If you need an ecommerce platform, check out our sponsor Shopify: https://shopify.com/cognitive for a $1/month trial period.\n\nLINKS:\nGC AI: https://getgc.ai/\nCecilia's Twitter/X: https://twitter.com/CeciliaZin\n\nSPONSORS:\nShopify is the global commerce platform that helps you sell at every stage of your business. Shopify powers 10% of ALL eCommerce in the US. And Shopify's the global force behind Allbirds, Rothy's, and Brooklinen, and 1,000,000s of other entrepreneurs across 175 countries.From their all-in-one e-commerce platform, to their in-person POS system \u2013 wherever and whatever you're selling, Shopify's got you covered. With free Shopify Magic, sell more with less effort by whipping up captivating content that converts \u2013 from blog posts to product descriptions using AI. Sign up for $1/month trial period: https://shopify.com/cognitive\n\nOmneky is an omnichannel creative generation platform that lets you launch hundreds of thousands of ad iterations that actually work customized across all platforms, with a click of a button. Omneky combines generative AI and real-time advertising data. Mention "Cog Rev" for 10% off www.omneky.com\n\nNetSuite has 25 years of providing financial software for all your business needs. More than 36,000 businesses have already upgraded to NetSuite by Oracle, gaining visibility and control over their financials, inventory, HR, eCommerce, and more. If you're looking for an ERP platform \u2705 head to NetSuite: http://netsuite.com/cognitive and download your own customized KPI checklist.\n\nX/SOCIALS:\n@labenz (Nathan)\n@CeciliaZin (Cecilia)\n@CogRev_Podcast\n\nTIMESTAMPS:\n(00:04:30) - Introduction to Intellectual Property law\n(00:07:30) - Overview of main types of intellectual property - patents, trademarks, copyrights\n(00:10:30) - Could Google have patented the transformer? Google\u2019s patent strategy\n(00:16:30) - Claim construction and its parallel to LLMs\n(00:17:17) - Sponsor: Shopify\n(00:18:46) - Practical impact of open source on ability to enforce IP rights\n(00:21:47) - Litigation, internal data privacy, and communication\n(00:24:30) - Copyright law and fair use doctrine for transformative works\n(00:30:22) - Sponsor: Netsuite | Omneky\n(00:31:42) - Big tech company lawsuits when money starts shifting between incumbents and newcomers\n(00:34:10) - When judges like a technology\u2026\n(00:34:57) - Scraping and LinkedIn\u2019s suit\n(00:38:50) - NYTimes vs OpenAI\n(00:40:00) - Copyright, creators, and music industry licensing\n(00:42:35) - Transformative nature of work and \u201cfair use\u201d\n(00:50:29) - Limits on getting injunctions and ongoing royalties from courts\n(00:56:39) - Legalities of other modalities, like DALL-E images of copyrighted IP\n(01:01:00) - OpenAI\u2019s opt-out for licensing on the text modality\n(01:03:58) - OpenAI\u2019s weak to strong generalization\n(01:07:00) - Pharmaceuticals and software, AI doctors, public good balancing\n(01:10:40) - Why licensed professionals aren\u2019t pushing back against AI\n(01:15:36) - Duty to use tools for efficiency to a client\n(01:17:04) - Impact of open source and ability to find someone to sue\n(01:20:30) - Forward-looking thoughts on what IP laws should be for AI\n(01:27:38) - Overview of Cecilia's company GC AI for lawyers\n\nThis show is produced by Turpentine: a network of podcasts, newsletters, and more, covering technology, business, and culture \u2014 all from the perspective of industry insiders and experts. We\u2019re launching new shows every week, and we\u2019re looking for industry-leading sponsors \u2014 if you think that might be you and your company, email us at erik@turpentine.co.