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Welcome to the MoFo Tech Blog

MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

March 15, 2023 - Artificial Intelligence + Robotics
GPT-4 Release: Briefing on Model Improvements and Limitations
By: Tessa J. Schwartz, Justin H. Haan and David Fang
On March 14, 2023, OpenAI—a MoFo client—released GPT-4, which quickly garnered broad media coverage. For those assessing the opportunities and risks related to GPT-4, it is useful to consider the extent of the stated technical and safety improvements and the limitations of the release.
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March 06, 2023 - Artificial Intelligence + Robotics
Copyright Office Denies Claim to Copyright in Generative AI Images
By: Joseph C. Gratz and Heather M. Whitney
The U.S. Copyright Office has denied an attempt to register copyright in images created using the Midjourney generative AI tool. The reasoning of its decision sharply limits the potential paths to receiving copyright in images created using generative AI tools, even where that output is generated
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March 01, 2023 - Fintech
ISDA Digital Asset Derivatives Update
By: Polly Ehrman, Vladimir Maly, Sam Riley, David H. Kaufman, Clara Wong, Hager Osman, Giacomo Bertolissi and Struan Clark
On 26 January 2023, the International Swaps and Derivatives Association, Inc. ( ISDA ) published new standard documentation for the trading of digital asset derivatives (the Digital Asset Definitions ), and a whitepaper titled Navigating Bankruptcy in Digital Asset Markets: Netting and Collateral Enforceability (the
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February 22, 2023 - Financings, Fintech
Cryptoasset Firms Marketing to UK Consumers Warned to Begin Preparing for Financial Promotions Regime Now
By: Sam Riley, Chloe Kearns and Hager Osman
The UK Financial Conduct Authority ( FCA ) has warned cryptoasset firms marketing to UK consumers (including from overseas) to start preparing now to comply with the UK financial promotions regime, which is soon to be expanded to cover most unregulated cryptoassets. HM Treasury
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February 21, 2023 - Artificial Intelligence + Robotics
Webinar - Responsible AI – Ethical Dilemma Training
By: Alex van der Wolk and Lokke Moerel
The digital revolution transforms business models and presents new privacy issues and ethical dilemmas. Companies deploying AI are often worried about legal compliance. Whether new AI applications are embraced by regulators, society, and customers (and therefore actually generate revenue) depends on ethical considerations rather
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February 08, 2023 - Artificial Intelligence + Robotics
Are Outputs of AI Models Copyrightable?
By: Heather M. Whitney, Evangeline Phang, Tessa J. Schwartz and Aaron P. Rubin
Heather Whitney, Evangeline Phang, Tessa Schwartz, and Aaron Rubin authored an article for Law360 covering whether the outputs of generative artificial intelligence tools are copyrightable. "It may benefit companies that are using and improving AI technology to continuously identify and track the contributions by the company's
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January 30, 2023 - Artificial Intelligence + Robotics
AI Trends for 2023 - Ethical Technology as Part of Environmental, Social, and Governance (ESG) Framework
By: Susan H. Mac Cormac and Oluwabamise A. Onabanjo
Technology is known for solving some of the world’s most complex problems, especially through automation and AI. However, when the right guardrails are not in place, ethical issues arise, such as malfunctioning tools, data or algorithms that exclude certain persons, intrusive technologies that violate
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January 17, 2023 - Artificial Intelligence + Robotics
AI Trends for 2023 - UK Targets Innovation Not Regulation for AI Sector
By: Alistair Maughan
During 2023, the UK will continue to position itself as a leader in the AI sector — by emphasizing support for the AI industry rather than pushing forward a legislative agenda. In 2022, the UK government published an AI Regulation Policy Paper and AI
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January 03, 2023 - Artificial Intelligence + Robotics
AI Trends for 2023 - IP Protection for AI-Assisted Technology
By: Stephanie Lynn Sharron
While the Court of Appeals for the Federal Circuit made clear this year that only humans can be inventors and that an AI program itself cannot obtain a patent (see our prior coverage of Thaler v. Vidal ), this in no way means that
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December 29, 2022 - Artificial Intelligence + Robotics
AI Trends for 2023 - Budgeting for the Future of AI
By: Erin M. Bosman and Matt Robinson
In 2020, Congress passed the National Artificial Intelligence Initiative Act (NAIIA) to strengthen Artificial Intelligence (AI) advances and innovations across multiple sectors by providing investments to National AI Research Institutes under the National Artificial Intelligence Initiative Office (NAIIO). The NAIIA requires the NAIIO to
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