Artificial Intelligence is becoming an intriguing part of the digital platform. The legal field is adapting to the digital platform. Lawyers and Advocates are relying on Artificial Intelligence as it includes Web Search engines, Recommendation systems, Natural Language Processes understanding human speech, drafting legal format, writing legal content, and automated decision-making which helps a lawyer to complete their work in a limited time. Artificial Intelligence can do proper research on large legal databases and send users important law news as soon as any trend or peculiarity emerges from big data. Words and sentences are fed into the software database through which the Chat GPT gives answers to the questions asked by the users. Chat GPT performance is prompt and gives a detailed answer.
Whereas Google which is one of the known web search engines can be accessed by anyone through mobile phones and websites. Google is user-friendly and provides web crawling to provide information about the web to the user.
GOOGLE VS CHAT GPT
Apart from the gimmicky demo, the users are using the Chat GPT for work such as the programmers are using Chat GPT for draft coding-decoding and or spotting errors. Writers are framing the legal e-mail, and legal drafts by using the Chat GPT. Google is using its own Language model which is known as BERT(Bidirectional Encoder Representation from Transformers), which is developed to understand the words and sentences which is fed into google. BERT is mainly used by google for searching to voice recognition.
Basically, we can measure that both Chat GPT and Google are using the same source but it varies with data software.
Due to the ChatGPT and Google conflict, there are chances that the TRIPS agreement and WIPO Copyright Treaty will come into play.
It is expected that Brazil’s Parliament will come up with a new draft of AI law. It will provide certain laws to consumers such as the right to explanation or challenges.
HOW IS INDIA LOOKING AT TO COMBAT THE ARTIFICIAL INTELLIGENCE REVOLUTION’S ADVERSE EFFECTS THROUGH THE LEGAL PROCESS? CASE ANALYSIS
Chat GPT has developed a chatbot application that is similar to ‘Duplex’ which is owned by Google. But due to similarities google states that Chat GPT violates legal rights.
Several laws involve the conflict between Google and Chat GPT: –
Patent law – A patent is a legal right that granted the owner exclusive rights to prevent others from making, using, or selling an invention. According to Google’s claim if the chat GPT is using Google’s patent rights, then they are liable for copyright infringement.
Copy Right Law – The right which a company acquires in a work, which is a conclusion of its intellectual labour is known as copyright. So, when a program containing detailed information or instructions is imposed as a software language, it is a subject matter of a license. It protects the original work of ownership. If the Chat GPT chatbot has copied Google’s chatbot then they are liable for copyright infringement.
Trademark Law – Trademark law protects the name, logo, and other identifications as a trademark is a visual representation that is accustomed to the products for the purpose of indicating their trade origin. Duplex is a trademark product. Due to the similarities with the Chat GPT users are confused regarding the features. If it is found that Chat GPT is creating confusion then Chat GPT will be liable for trademark infringement.
These are various laws that can help to resolve the conflict between Google and Chat GPT if the conflict arises. The case between Google and Chat GPT is a complex case. It can be solved through the involvement of Intellectual Property Rights law and International law. If the case is not resolved by negotiation and mediation then the case will be handled by the court. Some international reference cases similar to ChatGPT and Google are mentioned here
Zaletel v. Prisma Labs, Inc., No. 16-1307-SLR, 2017 U.S. Dist. LEXIS 30868 (D. Del. Mar. 6, 2017). The plaintiff had a “Prizmia” photo editing app. The plaintiff alleged trademark infringement based on the defendant’s “Prisma” photo transformation app. In reviewing the Third Circuit’s likelihood of confusion factors, the court considered the competition and overlap factors. The court concluded that “while the plaintiff broadly describes both apps as distributing photo filtering apps, the record demonstrates that the defendant’s app analyzes photos using artificial intelligence technology and then redraws the photos in a chosen artistic style, resulting in machine-generated art. Given these very real differences in functionality, it stands to reason that the two products are directed to different consumers.”
Calderon v. Clearview AI, Inc., 2020 U.S. Dist. LEXIS 94926 (S.D.N.Y. 2020) (stating the court’s intent to consolidate cases against Clearview based on a January 2020 New York Times article alleging defendants scraped over 3 billion facial images from the internet and scanned biometric identifiers and then used those scans to create a searchable database, which defendants then allegedly sold access to the database to law enforcement, government agencies, and private entities without complying with BIPA);
LivePerson, Inc. v. 24/7 Customer, Inc., 83 F. Supp. 3d 501 (S.D.N.Y. 2015) (determining the plaintiff adequately pleaded possession and misappropriation of a trade secret where the plaintiff alleged its “predictive algorithms” and “proprietary behavioural analysis methods” were based on many years of expensive research and were secured by patents, copyrights, trademarks, and contractual provisions).
A various number of Amicus Briefs In Gonzalez v. Google, it has been argued that algorithmic recommendations should be protected by section 230, which generally provides policy with immunity from liability with respect to third-party content.
HOW INDIAN LAW ACADEMICIANS ARE REACTING TO ARTIFICIAL INTELLIGENCE?
In India, Artificial Intelligence is growing at a rapid speed. In 2018, the Indian government started a task force to use AI in various sectors, including law. The task force compiled a survey in 2019 and produce before the Indian Government about the potential of AI in the legal field. Some of the potential fields are legal research, document analysis, contract management, and dispute resolution. Legal academicians support artificial Intelligence and point out the facts that it will reduce cost, increase efficiency and improve the approach to justice. According to Benjamin Alarie, a University of Toronto, Faculty of Law Professor said that “Artificial Intelligence will bring seismic change to the legal profession and consequently to the society”. But on the same page, some legal Academicians had discussed various concerns. According to Advocate Namit Saxena, “ Law is not static but a dynamic field that constantly evolves itself. We need human creativity coupled with experience to improve the law to meet society’s requirements.” They state that the use of Artificial Intelligence may lead to the loss of jobs for lawyers and paralegals. The Legal Academicians mentioned that AI tools cannot write with accuracy and human efficiency cannot be seen in AI work.
HOW THE CONFLICT BETWEEN GOOGLE AND CHAT GPT ARTIFICIAL INTELLIGENCE WILL IMPACT FUTURE TECHNOLOGY?
The agreement between chat GPT artificial Intelligent and google ‘Duplex’ has raised several questions regarding future technology. Both companies are in a spot, because of the use of artificial intelligence in chatbots. The conflict arises when google questioned chat GPT AI for stealing the technology. Google protests that chat GPT AI used Google’s machine learning algorithm without permission to develop their chatbots. Chat GPT Artificial Intelligence refused the allegation by replying that they had started the technology from the beginning.
In recent years, Artificial Intelligence has had a huge growth in the digital area. But every field has its merits and demerits. Some lawyers see Artificial Intelligence as a huge threat to the legal academician and legal writers as well. Some lawyers or advocates see this opportunity as a blessing. In the legal field, Artificial Intelligence is being used for Legal Research, Draft Legal Documents, and Providing legal advice. This digital method reduced the workload of the lawyers as the drafts are formatted with the help of technology.
Robots don’t have enough emotions as humans do, besides various benefits Artificial Intelligence cannot replace advocates and lawyers. Strategic thinking is one of the important parts of the law field which AI lacks.