Google has been facing a wave of litigation recently as the implications of generative artificial intelligence (AI) on copyright and privacy rights become clearer.
Amid the ever-intensifying debate, Google has not only defended its AI training practices but also pledged to shield users of its generative AI products from accusations of copyright violations.
However, Google’s protective umbrella only spans seven specified products with generative AI attributes and conspicuously leaves out Google’s Bard search tool. The move, although a solace to some, opens a Pandora’s box of questions around accountability, the protection of creative rights and the burgeoning field of AI.
Moreover, the initiative is also being perceived as more than just a mere reactive measure from Google, but rather a meticulously crafted strategy to indemnify the blossoming AI landscape.
AI’s legal cloud
The surge of generative AI over the last couple of years has rekindled the age-old flame of copyright debates with a modern twist. The bone of contention currently pivots around whether the data used to train AI models and the output generated by them violate propriety intellectual property (IP) affiliated with private entities.
In this regard, the accusations against Google consist of just this and, if proven, could not only cost Google a lot of money but also set a precedent that could throttle the growth of generative AI as a whole.
Google’s legal strategy, meticulously designed to instill confidence among its clientele, stands on two primary pillars, i.e., the indemnification of its training data and its generated output. To elaborate, Google has committed to bearing legal responsibility should the data employed to devise its AI models face allegations of IP violations.
Not only that, but the tech giant is also looking to protect users against claims that the text, images or other content engendered by its AI services do not infringe upon anyone else’s personal data — encapsulating a wide array of its services, including Google Docs, Slides and Cloud Vertex AI.
Google has argued that the utilization of publicly available information for training AI systems is not tantamount to stealing, invasion of privacy or copyright infringement.
However, this assertion is under severe scrutiny as a slew of lawsuits accuse Google of misusing personal and copyrighted information to feed its AI models. One of the proposed class-action lawsuits even alleges that Google has built its entire AI prowess on the back of secretly purloined data from millions of internet users.
Therefore, the legal battle seems to be more than just a confrontation between Google and the aggrieved parties; it underlines a much larger ideological conundrum, namely: “Who truly owns the data on the internet? And to what extent can this data be used to train AI models, especially when these models churn out commercially lucrative outputs?”
An artist’s perspective
The dynamic between generative AI and protecting intellectual property rights is a landscape that seems to be evolving rapidly.
Nonfungible token artist Amitra Sethi told Cointelegraph that Google’s recent announcement is a significant and welcome development, adding:
“Google’s policy, which extends legal protection to users who may face copyright infringement claims due to AI-generated content, reflects a growing awareness of the potential challenges posed by AI in the creative field.”
However, Sethi believes that it is important to have a nuanced understanding of this policy. While it acts as a shield against unintentional infringement, it might not cover all possible scenarios. In her view, the protective efficacy of the policy could hinge on the unique circumstances of each case.
When an AI-generated piece loosely mirrors an artist’s original work, Sethi believes the policy might offer some recourse. But in instances of “intentional plagiarism through AI,” the legal scenario could get murkier. Therefore, she believes that it is up to the artists themselves to remain proactive in ensuring the full protection of their creative output.
Sethi said that she recently copyrighted her unique art genre, “SoundBYTE,” so as to highlight the importance of artists taking active measures to secure their work. “By registering my copyright, I’ve established a clear legal claim to my creative expressions, making it easier to assert my rights if they are ever challenged,” she added.
In the wake of such developments, the global artist community seems to be coming together to raise awareness and advocate for clearer laws and regulations governing AI-generated content.
Tools like Glaze and Nightshade have also appeared to protect artists’ creations. Glaze applies minor changes to artwork that, while practically imperceptible to the human eye, feeds incorrect or bad data to AI art generators. Similarly, Nightshade lets artists add invisible changes to the pixels within their pieces, thereby “poisoning the data” for AI scrapers.
Examples of how “poisoned” artworks can produce an incorrect image from an AI query. Source: MIT
Industry-wide implications
The existing narrative is not limited to Google and its product suite. Other tech majors like Microsoft and Adobe have also made overtures to protect their clients against similar copyright claims.
Microsoft, for instance, has put forth a robust defense strategy to shield users of its generative AI tool, Copilot. Since its launch, the company has staunchly defended the legality of Copilot’s training data and its generated information, asserting that the system merely serves as a means for developers to write new code in a more efficient fashion.
Adobe has incorporated guidelines within its AI tools to ensure users are not unwittingly embroiled in copyright disputes and is also offering AI services bundled with legal assurances against any external infringements.
The inevitable court cases that will appear regarding AI will undoubtedly shape not only legal frameworks but also the ethical foundations upon which future AI systems will operate.
Tomi Fyrqvist, co-founder and chief financial officer for decentralized social app Phaver, told Cointelegraph that in the coming years, it would not be surprising to see more lawsuits of this nature coming to the fore:
“There is always going to be someone suing someone. Most likely, there will be a lot of lawsuits that are opportunistic, but some will be legit.”
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Donald Trump has acted for his country and I will act in Britain’s interests, Sir Keir Starmer has said after the US president imposed 10% tariffs on UK goods.
The prime minister told business chiefs at an early morning meeting in Downing Street: “Last night the president of the United States acted for his country, and that is his mandate.
“Today, I will act in Britain’s interests with mine.”
Mr Trump announced sweeping tariffs on countries around the world, with the UK getting off relatively lightly with 10% tariffs – branded “kind reciprocal” by the president – compared with China, which will have to pay 54% tariffs and 20% for the EU.
A previously announced 25% tariff on British car imports to the US came into effect at 5am on Thursday.
Sir Keir said the government is moving “to the next stage of our plan” after negotiations failed to fend off any tariffs ahead of Wednesday’s announcement.
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He promised any decisions “will be guided only by our national interest, in the interests of our economy, in the interests of businesses around this table, in the interests of putting money in the pockets of working people”.
Image: Sir Keir Starmer hosted business leaders in Downing Street on Thursday morning. Pic: Simon Dawson/No 10 Downing Street
“Clearly, there will be an economic impact from the decisions the US has taken, both here and globally,” he told the business leaders.
“But I want to be crystal clear: we are prepared, indeed one of the great strengths of this nation is our ability to keep a cool head.”
Business Secretary Jonathan Reynolds told the Commons on Thursday the government is considering retaliatory measures and requested British businesses let him know what the tariff implications will be for them.
An “indicative list of potential products” that could be targeted was later published, with 8,364 categories covering about 27% of UK imports from the US.
Earlier, Mr Reynolds told Wilfred Frost on Sky News Breakfast his “job is not done” when it comes to negotiating a trade deal
Mr Reynolds refused to say if the tariffs might cause a global recession and said the UK has safeguards in place to ensure it is not flooded with goods that would have gone to other countries.
“We’ll take any powers we need to protect the British people and the British economy from that,” he said.
“What we have directly within our power, alongside that is, of course, the ability to negotiate a better deal in the national interest for the UK. That’s been our approach to date and we’ll continue with that.”
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1:09
Moment Trump unveils tariffs chart
UK will be template for other nations’ deals
The business secretary also suggested if the UK is successful in negotiating a deal with the US “there’ll be a template there” for other countries to “resolve some of these issues”.
He reiterated statements he and the PM have made over the past few days as he said: “America is a friend, America’s our principal ally.
“Our relationship is an incredibly strong economic one, but also a security one, a political one as well.”
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6:39
Sky’s Ed Conway examines how economies across the world are impacted by tariffs
Government ‘very slow’ to start talks
Conservative shadow home secretary Chris Philp told Sky News the government had been “very slow” to start negotiating a free trade agreement with the US, and they should have started when Mr Trump was elected in November, even though he did not get sworn in until the end of January.
He said the UK being hit by a lower tariff than the EU was “one of the benefits of Brexit”.
However, he said the 25% tariff on car exports to the US is “very, very serious” and the global impact is “bad news for our economy”.
Relief in Westminster – but concessions to Trump to come
It has been quite a rollercoaster for the government, where they went from the hope that they could avoid tariffs, that they could get that economic deal, to the realisation that was not going to happen, and then the anticipation of how hard would the UK be hit.
In Westminster tonight, there is actual relief because the UK is going to have a 10% baseline tariff – but that is the least onerous of all the tariffs we saw President Trump announce.
He held up a chart of the worst offenders, and the UK was well at the bottom of that list.
No 10 sources were telling me as President Trump was in the Rose Garden that while no tariffs are good, and it’s not what they want, the fact the UK has tariffs that are lower than others vindicates their approach.
They say it’s important because the difference between a 20% tariff and a 10% tariff is thousands of jobs.
Where to next? No 10 says it will “keep negotiating, keep cool and calm”, and reiterated Sir Keir Starmer’s desire to “negotiate a sustainable trade deal”.
“Of course want to get tariffs lowered. Tomorrow we will continue with that work,” a source added.
Another source said the 10% tariff shows that “the UK is in the friendlies club, as much as that is worth anything”.
Overnight, people will be number-crunching, trying to work out what it means for the UK. There is a 25% tariff on cars which could hit billions in UK exports, in addition to the blanket 10% tariff.
But despite this being lower than many other countries, GDP will take a hit, with forecasts being downgraded probably as we speak.
I think the government’s approach will be to not retaliate and try to speed up that economic deal in the hope that they can lower the tariffs even further.
There will be concessions. For example, the UK could lower the Digital Services Tax, which is imposed on the UK profits of tech giants. Will they loosen regulation on social media companies or agricultural products?
But for now, there is relief the UK has not been hit as hard as many others.
More than 400 pages of thousands of goods that could be affected by reciprocal tariffs against the US.
Everything from fresh domestic ducks to sea-going dredgers makes the cut; most symbolic, however, are iconic American items like jeans, motorcycles and whiskey.
Would Donald Trump stand for a levy on Levi’s? It’s not the first time this battle has played out.
At the time, the UK, then an EU member, followed suit.
But as the UK tries to carve its own path outside the bloc, vindicated by the baseline 10% tariffs imposed instead of the EU’s rate of 20%, the aim is to avoid retaliation.
The government want us to know “all options are on the table” – but that is not how they want this to play out.
“This is not a short-term tactical exercise,” the prime minister said this morning.
Despite the business secretary’s best efforts during his recent trip to Washington to try to secure a UK tariffs carveout, no deal was reached in time.
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3:54
How will tariffs hit working people?
Mr Trump wanted his big bang, board brandishing moment; carveouts for certain countries would have softened the impact of his speech.
But with 90-plus countries on the tariff billboard, how far along the queue is any UK deal?
And how much are we willing to give? Will the sensitive subject of chlorinated chicken be on the table? What of the agreement to cut taxes on big tech companies that Mr Trump wants?
Lots of questions. The day after the surreal night before is too soon to know all the answers, but this is about politics as much as it is about economics.
As the prime minister launched Labour’s local election campaign in Derbyshire today, he talked about potholes, high streets and school meals. Every question I heard was about tariffs.
Decisions made across the Atlantic are looming large. Tariffs may not directly sway many votes in the local elections, but the consequences for Rachel Reeves’s fiscal headroom and the amount of money she has to spend, or save, will have an impact before too long.
There is a certain steel about a mother who has lost a child.
It’s hard to put your finger on, but perhaps after going through hell you re-emerge made of a different material to the rest of us.
Figen Murray has been utterly relentless after her son Martyn Hett was killed in the Manchester Arena terror attack at an Ariana Grande concert in May 2017.
When she worried that politicians’ support was wavering last year, she walked 200 miles from the place Martyn died to Downing Street – and needed a hip replacement after.
And on Thursday, Martyn’s Law – rules to better train staff and safeguard venues against terrorists – was passed by royal assent, finally becoming law.
I sat down with Figen just before she went into Number 10 Downing Street to meet the prime minister, and she told me after six years of campaigning, the moment “feels surreal”.
She continued: “The Manchester attack was a wake up call. But it also made question, who are these people who do these things? Why are they doing it? What are governments doing about it? And I realised the only way I could get the answers was to educate myself – so I did a masters in counter-terrorism.
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“I’ve recognised that people were radicalised. When you were a newborn baby, you were innocent but somebody poisoned your mind.
“There are people who try to groom young people into their ideology, and I want them to recognise where these people operate, the tricks they use, the things they say and how they can recognise themselves or others in the process of being radicalised and how to get out.”
Image: Martyn Hett
She also supports the initiative to show the Netflix drama Adolescence in schools: “I think it’s absolutely important that young people see that programme and they learn more about it. It’s a good thing and I’m hoping they’re taking it further.”
There will be a debate – certainly – about the financial impact the legislation will have on venues, but the legislation has been welcomed by safety campaigners.
Emma Kay, co-founder of personal safety app WalkSafe which geo-fences events and stadiums, said: “The passing of Martyn’s Law is hugely progressive move that will keep young people safe on nights out.
“Our research has shown that 63% of women prefer to visit venues with safety initiatives in place. People want safer experiences and to know their friends and loved ones arrive home safely.”
When I sat down with Figen, I asked her how Martyn would feel today.
“Knowing Martyn, the party animal he was, he’d throw the biggest party ever,” she said.
“He was full of life and lived life not just at 100 miles an hour, but 200 miles an hour.
“You would definitely know when he came through the door, and he had an incredible ability to make everyone feel that they are the most important person in that moment in his life. And I really miss that.”
You can watch Sophy Ridge’s full interview with Figen Murray on the Politics Hub at 1900 on Sky News.