Litigating Against the Artificially Intelligent Infringer
Yvette Joy Liebesman, Julie A. Young · FIU Law Review · 2020
Many scholars have posited whether a computer possessing Artificial Intelligence (AI) could be considered an author as defined per the Copyright Act of 1976.What was once a thought experiment is now approaching reality.The focus has primarily been on whether an AI meets the requirements from a purely objective legal framework, or whether an AI could be an author based on the doctrines of incentives, independent creation, and creativity.However, another feature of authorship is the ability to be held liable if whether an AI or any non-human can be an author, then part of that determination should be to consider whether the being in question that created the work can be held liable as an infringer, and, as a logical extension, whether that being can in fact be sued.This involves considering issues from the theoretical, like civil procedure and remedies, to the practical, such as legal representation and discovery.How is an AI served with a lawsuit?What AI even bound by our laws?This morass of legal headaches goes beyond any doctrinal issues regarding authorship and provides ample reason to keep legal authorship in the hands of humans or entities controlled by humans.I.Introduction ....