Author: Jim W. Ko
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In LLM Providers We Trust…? [Conclusion of the Parsing the Blame for AI series]
![In LLM Providers We Trust…? [Conclusion of the Parsing the Blame for AI series]](https://koailaw.com/wp-content/uploads/2025/01/DALL·E-2024-12-09-03.50.14-A-surreal-illustration-of-an-AI-fox-represented-by-a-sleek-robotic-design-with-glowing-blue-eyes-standing-watch-in-front-of-a-traditional-henhouse.-.webp)
I. When Software Fails: The Challenges of Proving Liability A. Why strict product liability doesn’t compute for software [see Part 1 here] B. Negligence [see Part 2 here] C. Limitation of Liability Provisions Are More Enforceable for Software [see Part 2 here] II. GenAI: The Ultimate in Diffusion-of-Responsibility Technology A. Differences between Software and AI… Read more
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Oops, AI did it again [Part 4 of the Parsing the Blame for AI series]
![Oops, AI did it again [Part 4 of the Parsing the Blame for AI series]](https://koailaw.com/wp-content/uploads/2025/01/DALL·E-2024-12-28-18.23.13-A-futuristic-female-robot-with-long-golden-blonde-hair-styled-in-soft-beachy-waves-seated-inside-a-sleek-modern-car-as-it-collides-front-first-with.webp)
I. When Software Fails: The Challenges of Proving Liability A. Why strict product liability doesn’t compute for software [see Part 1 here] B. Negligence [see Part 2 here] C. Limitation of Liability Provisions Are More Enforceable for Software [see Part 2 here] II. GenAI: The Ultimate in Diffusion-of-Responsibility Technology A. Differences between Software and AI… Read more
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GenAI: The Ultimate in Diffusion-of-Responsibility Technology [Part 3 of the Parsing the Blame series]
![GenAI: The Ultimate in Diffusion-of-Responsibility Technology [Part 3 of the Parsing the Blame series]](https://koailaw.com/wp-content/uploads/2024/12/DALL·E-2024-12-28-05.54.51-A-cartoon-style-illustration-of-robots-arranged-in-a-circle-each-robot-pointing-at-the-one-next-to-it.-In-the-center-of-the-circle-the-text-Not-My-.webp)
Generative AI (GenAI) has transformed how businesses and individuals leverage artificial intelligence. However, it also introduces unprecedented challenges in assigning accountability and managing liability for AI-generated content or decisions. Read more
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Software and negligence and contract law [Part 2 of the Parsing the Blame for AI series]
![Software and negligence and contract law [Part 2 of the Parsing the Blame for AI series]](https://koailaw.com/wp-content/uploads/2024/12/DALL·E-2024-12-13-13.00.07-An-AI-robot-in-a-futuristic-setting-depicted-as-clumsily-and-negligently-breaking-a-fragile-object-such-as-a-glass-vase-or-electronic-device.-The-ro.webp)
Who will be liable when an AI implementation harms either its users or unrelated third parties? In Part 1 of this series last week, we explored how software is presumptively treated as a “service”—not a “product”—and thus is not subject to strict product liability law. So what theories of liability are applicable when software output… Read more
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Software and product liability law [Part 1 of the Parsing the Blame for AI series]
![Software and product liability law [Part 1 of the Parsing the Blame for AI series]](https://koailaw.com/wp-content/uploads/2024/12/DALL·E-2024-12-03-20.54.09-A-detailed-and-symbolic-illustration-showing-artificial-intelligence-AI-represented-as-a-glowing-humanoid-figure-or-neural-network-contorting-its-bo.webp)
Explore the complexities of AI liability in the evolving legal landscape. From product liability to on-presmises software to software-as-a-service (SaaS), uncover how laws for tangible goods differ from those governing intangible services like AI. Delve into key cases, challenges, and the implications for accountability in our interconnected AI age. Read more
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The Sedona Conference Launches Dialogue on Artificial Intelligence and the Law
The Sedona Conference, one of the nation’s leading nonpartisan think-tanks on issues of law and technology, will be launching its Working Group 13 on Artificial Intelligence and the Law in January, building on its long-standing reputation in the areas of eDiscovery, digital records management, patent litigation, trade secrets, cybersecurity, data privacy, and cross-border data transfers.… Read more
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Ko-Michel article on IP and AI law forthcoming
Jim W. Ko is co-authoring a paper on Testing the Limits of the IP Legal Regimes: The Unique Challenges of Artificial Intelligence with former Chief Judge Paul Michel of the Federal Circuit, in conjunction with The Sedona Conference’s upcoming Conference on AI and IP Law . Can the policy objectives behind the current intellectual property… Read more
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Regulating the regulators: Ensuring patent examiners use AI “responsibly”
The patent examination process—whereby the U.S. Patent and Trademark Office reviews patent applications and issues or grants those that meet the requirements for patentability—is tailor-made for the implementation of AI. But what are the risks to the quality and fairness of the patent examination process when the USPTO implements AI? And what policies and procedures… Read more
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Privacy-enhancing technologies: Will AI providers be held accountable too?
[Privacy-Enhancing Technologies] could usher in a paradigm shift in how we as a society protect privacy while deriving knowledge from data. However, there are also risks that PETs could provide a false veneer of privacy, misleading people into believing that a data sharing arrangement is more private than it really is. Alexander Macgillivray & Tess… Read more
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Jim W. Ko has joined the Wood Phillips IP firm
Pleased to announce that I am folding my solo practice focused on IP & AI law into Wood Phillips (www.woodphillips.com), a boutique IP firm based in Chicago, effective February 1, 2024. Thrilled to be joining such a terrific, experienced team (but also to be staying put here in Phoenix, in particular this time of year!). Read more