Now more than ever, technology is influencing the way we do business, communicate, move through and around the world, access and manage our homes, receive and administer healthcare, make purchases, secure information, and protect our most valuable property. Morrison Foerster keeps pace with this rapidly evolving landscape across our internationally recognized corporate, finance, intellectual property, and litigation practices. MoFo Tech brings together our insights relating to fields such as blockchain and distributed ledger, cloud and as-a-service technologies, driverless cars, drones, fintech, computer hardware and software, the Internet of Things, semiconductors, and telecommunications. The MoFo Tech blog offers real-time, in-depth analyses of the trends and complex issues shaping the global technology industry.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Scott Llewellyn’s practice focuses on complex litigation in federal and state courts around the country, with an emphasis on patent and trade secret disputes. Over the past decade, he has worked on some of the most significant, high–profile IP cases involving technology for televisions, smartphones, and self–driving cars, relying on 40 years of experience with computer hardware and software. Scott also has significant experience with business divorce cases before courts and arbitrators, involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation.Scott also has successfully tried general commercial arbitration and agency matters, briefed and argued various appeals in federal appellate court, and tried more than 20 cases for the Denver City Attorney’s office, most of them jury trials.Scott also has an active pro bono practice, having worked on a variety of criminal and immigration appeals, and having represented Colorado criminal defense and mental health organizations in high–profile suits against the state of Colorado for violations of the constitutional rights of defendants.At MoFo, Scott serves on the board of the Morrison & Foerster Foundation. In the broader legal community, he serves on the boards of the Colorado Lawyers Committee and Drop in the Bucket (a charity that builds wells and sanitation systems in sub–Saharan Africa).After law school, Scott clerked for the Honorable Clarence A. Brimmer, District of Wyoming, and the Honorable Diarmuid F. O’Scannlain, Ninth Circuit. He was also previously an adjunct professor at the Georgetown University Law Center.

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Scott Llewellyn’s practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes for high-tech companies, to which he brings more than 35 years of experience with computer hardware and software, in particular relating to the processing and transmission of audio, video, voice, and other types of data. Mr. Llewellyn has also tried commercial arbitration and agency matters; briefed and argued various appeals in federal appellate court; and tried more than 20 cases for the Denver city attorney’s office, most of them jury trials.

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At the Intersection of Technology, Law, and Business

At the Intersection of Technology, Law, and Business

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Technology companies, researchers, content creators, and lawmakers will continue to grapple with the thorny copyright issues related to artificial intelligence (AI) and algorithmic outputs. In 2023, we expect to see continued litigation and policy discussions regarding the following topics.

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AI Trends for 2023 - Generative AI in the Spotlight | MoFo Tech

Tessa Schwartz

Technology companies, researchers, content creators, and lawmakers will continue to grapple with the thorny copyright issues related to artificial intelligence (AI) and algorithmic outputs. In 2023, we expect to see continued litigation and policy discussions regarding the following topics.<ul><li> Authorship of AI algorithm generated works. In 2022, the U.S. Copyright Review Board confirmed that copyright protection only extends to works of human authorship and rejected a copyright registration for an image created entirely by an AI. What has not been answered is how much a human can use AI tools in the creation of a work before that work will no longer be considered a work of a human author.</li><li>Whether the outputs from certain deep learning AI systems can infringe copyrighted works. In the United States, copyright infringement occurs when anyone violates the exclusive rights of the copyright owner. Courts also require the infringement to result from the defendant’s “volitional conduct,” though courts differ in their interpretation of what that means. In 2023, we expect debate regarding whether infringement occurs where outputs of sophisticated deep learning AI systems are attenuated from anyone’s (i.e., a human’s) volitional act.</li><li>Use of copyrighted works as training data for machine learning (ML). ML requires massive amounts of machine training data. Whether courts agree that the use of copyrighted materials as training data qualifies as fair use will be, as was the case with other disruptive technologies, critical to the future of AI innovation.</li></ul>This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

AI Trends for 2023 - Generative AI in the Spotlight

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