OpenEvidence v. Pathway: The Legal Battle Over AI Reverse Engineering

  Can generative AI models like ChatGPT be “reverse engineered” in order to develop competing models? If so, will this activity be deemed legal reverse engineering or illegal trade secret misappropriation? I have now written a few articles exploring this question, including Trade Secrecy Meets Generative AI and Keeping ChatGPT a Trade Secret While Selling It Too. But when … Continue reading OpenEvidence v. Pathway: The Legal Battle Over AI Reverse Engineering

Profs. Perzanowski & Fagundes: A new framework for conceptualizing the end of IP rights

  This blog post is cross-posted on Written Description. Aaron Perzanowski and Dave Fagundes have just posted a very interesting and thought-provoking paper draft on SSRN called “How Intellectual Property Ends.”   The paper, which follows up on their prior work on copyright abandonment, closely examines how IP rights come to an end through doctrines like “expiration,” “forfeiture,” or “abandonment.” … Continue reading Profs. Perzanowski & Fagundes: A new framework for conceptualizing the end of IP rights

Buccafusco, Masur, & Varadarajan: Does Trade Secrecy Have an “Information Paradox”?

By Professor Camilla A. Hrdy Cross-posted on Written Description One of the key purposes of trade secret law is to address the “Arrow information paradox.” The information paradox posits that there is a fundamental challenge in information exchange: It is difficult to assess the value of information without first sharing it, but once the information … Continue reading Buccafusco, Masur, & Varadarajan: Does Trade Secrecy Have an “Information Paradox”?