Latest / Financial Survival Network / Legal Chaos Looms Over AI - Kristen Roberts - #6269
Transcript
- 0:00Speaker 1: These AI softwares are getting through you know, they're finding
- 0:05Speaker 1: these bootlegged uploaded versions of these and I'm sure you
- 0:08Speaker 1: could do the same, right, I mean we did it.
- 0:10Speaker 1: We saw it with Napster, right, remember Napster in the nineties.
- 0:14Speaker 1: How we I mean we all used it too. I mean,
- 0:16Speaker 1: I don't know if we're supposed to admit it, but
- 0:17Speaker 1: we all everyone thought it was this great. Wow.
- 0:20Speaker 2: You were listening to Carrie Lutz's Financial Survival Network, where
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- 0:48Speaker 3: And welcome you are listening to and watching the Financial
- 0:51Speaker 3: Survival Network. I'm your host, Carrie Lutz. Well, AI is
- 0:55Speaker 3: all the rage. I'm using it daily in my work.
- 0:59Speaker 3: It hasn't reaped placed me on this podcast or on
- 1:02Speaker 3: the YouTube channel, but who knows it might happen in
- 1:05Speaker 3: the not too distant future. And that brings up a
- 1:08Speaker 3: very important concern that you're going to hear about from
- 1:12Speaker 3: my next guest, Kristen g Roberts, attorney, founder managing attorney
- 1:18Speaker 3: of Trestle Law out in California. Chris, we have like
- 1:22Speaker 3: an epidemic now of AI intellectual property theft, if you will,
- 1:29Speaker 3: because it could take a book, you could feed it in.
- 1:32Speaker 3: You could redo that book and it will bear absolutely
- 1:35Speaker 3: no resemblance, superficially on the surface to the original work,
- 1:41Speaker 3: and then you can go call it yours. I mean,
- 1:45Speaker 3: what are we supposed to do here?
- 1:47Speaker 1: Well, I think that's a really great jumping off point,
- 1:50Speaker 1: an intrigues interesting starting point, Kerry, because you know, with
- 1:55Speaker 1: the example you gave of the book, right, you can
- 1:58Speaker 1: do that. Now you could take make a book that's
- 2:00Speaker 1: already written and go you individually and rewrite that book
- 2:04Speaker 1: to be a completely different book, but carry a lot
- 2:07Speaker 1: of the same themes. Like I'm allowed to write a
- 2:11Speaker 1: book about a school of wizards. I'm allowed to write
- 2:14Speaker 1: a book about, you know, a school of wizards where
- 2:17Speaker 1: somebody goes to the school and they get an invitation. Now,
- 2:20Speaker 1: whether or not that book is substantially similar enough to
- 2:24Speaker 1: constitute trade or to constitute copyright infringement, that's the legal question.
- 2:29Speaker 1: And that legal question still applies with AI and right
- 2:33Speaker 1: now people are saying, well, you know, AI is training,
- 2:37Speaker 1: is training the AI software on all of these copyrighted materials.
- 2:41Speaker 1: So it's sucking everything up off the Internet and learning
- 2:45Speaker 1: off of these, you know, resources that would otherwise be paid,
- 2:48Speaker 1: and they're not compensating the people who own the copyright.
- 2:52Speaker 1: And that right there is the crux right now in
- 2:55Speaker 1: the legal world. Is that training of AI fa use
- 3:01Speaker 1: is it? Is it a defensible use of copyrighted materials
- 3:05Speaker 1: or is it infringement? Do they have to pay? And
- 3:09Speaker 1: right now there are some cases that are moving through
- 3:11Speaker 1: the court system trying to answer that question because we
- 3:15Speaker 1: don't have an answer for it.
- 3:17Speaker 3: You know, like makes me think, you know, I don't
- 3:20Speaker 3: know how many great legal minds they really are out
- 3:23Speaker 3: there now, But I think of like Clarence Darrow, what
- 3:27Speaker 3: would be what would his take be an AI? And
- 3:30Speaker 3: I guess we could ask chat GPT what it thinks
- 3:36Speaker 3: his take would be?
- 3:37Speaker 1: Right, yeah, and you know what's you could do that?
- 3:40Speaker 1: But I also think it's interesting because a lot of
- 3:42Speaker 1: these sort of older attorney profiles, you know, famous lawyers
- 3:47Speaker 1: that you would say, what would they think? What would
- 3:49Speaker 1: they do? I don't even know if they could fathom
- 3:52Speaker 1: where we are right now when it comes to the
- 3:55Speaker 1: AI technology or how it would be applied, because there
- 3:58Speaker 1: is sort of two fast to it. There's the business
- 4:01Speaker 1: side of things, where you know, we champion in the
- 4:05Speaker 1: United States innovation in business and technology, and right now
- 4:09Speaker 1: the AI companies have been going to Congress saying this
- 4:12Speaker 1: is a matter of national security because if we are
- 4:15Speaker 1: not able to train our AI platforms, we are going
- 4:19Speaker 1: to get outpaced buy companies like China, our companies that
- 4:23Speaker 1: are coming out of countries like China, you know, and
- 4:25Speaker 1: other sort of competitor uh, you know, AI platforms. So
- 4:29Speaker 1: they're saying this is this is real national security stuff.
- 4:33Speaker 1: This isn't just you know, concerns about intellectual property. I
- 4:36Speaker 1: think it's an interesting argument. I'm not sure if I
- 4:39Speaker 1: if I buy it, but you know, it's interesting that
- 4:42Speaker 1: they're going there right now.
- 4:44Speaker 4: Yeah.
- 4:45Speaker 3: Well, like when businesses want stuff out of government, they
- 4:50Speaker 3: always call it a spot Nick moment, you know, and
- 4:54Speaker 3: that was not a Sputnik moment.
- 4:55Speaker 4: I've used all of them.
- 4:56Speaker 3: I've used Rock, I've used Chat, I've used a Claude,
- 5:02Speaker 3: and I've used deep Seek and I don't even bother
- 5:05Speaker 3: with deep seek anymore because it just occurred to me.
- 5:08Speaker 3: It's a front end, it's a query manager for other ais.
- 5:14Speaker 3: It's not really there. That's why they're able to cut
- 5:18Speaker 3: down the size of it. But it does raise interesting questions,
- 5:23Speaker 3: like it's kind of like if you read every if
- 5:27Speaker 3: you had it within your capability to read every single
- 5:30Speaker 3: book that was ever written, which obviously we as humans don't,
- 5:37Speaker 3: then you could do whatever you wanted with that information,
- 5:40Speaker 3: rewrite it or whatever. But the fact that a machine
- 5:43Speaker 3: can actually do it the whole sum total of human
- 5:46Speaker 3: knowledge as we know it, which there's always things that
- 5:50Speaker 3: aren't going to be there, that's really the issue. You
- 5:53Speaker 3: know that the machines can do it so much better
- 5:56Speaker 3: than us, and so much faster and completely so uh yeah,
- 6:04Speaker 3: I think in theory it's a matter of national security,
- 6:09Speaker 3: but in reality it's a matter of societal security because
- 6:15Speaker 3: it's going to start replacing broad swaths of workers in
- 6:19Speaker 3: the economy, and you know, you won't get any brownie
- 6:24Speaker 3: points for originality anymore, you know, Kristin, it's like, hey,
- 6:28Speaker 3: just get the job done.
- 6:29Speaker 4: We don't care how you do it.
- 6:31Speaker 1: And I also think it has to come it comes
- 6:32Speaker 1: down to money as well, because you know, if you could,
- 6:36Speaker 1: in your example, you know, if you could theoretically read
- 6:39Speaker 1: every book that was ever written, that would be fine.
- 6:41Speaker 1: You know, you could read every book, but you got
- 6:43Speaker 1: to pay to read every book, right, You can't just
- 6:46Speaker 1: go to the internet and find so these these AI
- 6:50Speaker 1: softwares are getting through, you know, they're finding these bootlegged
- 6:54Speaker 1: uploaded versions of these and I'm sure you could do
- 6:57Speaker 1: the same, right, I mean, we did it. We saw
- 6:59Speaker 1: it with Napster, right, remember Napster in the nineties. How
- 7:03Speaker 1: I mean, we all used it too. I Mean, I
- 7:05Speaker 1: don't know if we're supposed to admit it, but we
- 7:06Speaker 1: all everyone thought it was this great, Wow, we can
- 7:09Speaker 1: peer to peer share. Why not? Who cares? That sounds amazing?
- 7:13Speaker 1: And then it turned out to be copyright infringement, right,
- 7:16Speaker 1: But that law needed to be explored before. So there
- 7:20Speaker 1: was a there was at least a couple years of
- 7:23Speaker 1: just unfettered sharing. And I sort of like in what's
- 7:26Speaker 1: happening right now in this sort of explosion of AI
- 7:29Speaker 1: technology to that where it's like, Okay, it's getting access
- 7:33Speaker 1: to all of this stuff that is otherwise needing to
- 7:37Speaker 1: be paid for typically, and people are getting very upset
- 7:40Speaker 1: because they're like, well, hey, wait a second, if you
- 7:42Speaker 1: want to train your AI software on my book, on
- 7:46Speaker 1: my movie, you need to pay for that in order
- 7:50Speaker 1: for your you know, license it from us in order
- 7:52Speaker 1: to train it. And that makes sense to me. I
- 7:56Speaker 1: think that there does need to be some kind of
- 7:58Speaker 1: compulsory licensing like we have in music, So if you
- 8:01Speaker 1: play a song on the radio, there's an automatic license
- 8:04Speaker 1: that gets you know, applied, and I think the same
- 8:07Speaker 1: thing can be said about AI. I think the rub
- 8:11Speaker 1: is going to be when it comes to the licensing
- 8:15Speaker 1: structure or the ability to license. We already have heard
- 8:20Speaker 1: metas sort of higher ups coming out in deposition recently
- 8:23Speaker 1: saying well, we tried to reach out to the publishers,
- 8:26Speaker 1: but the problem is that the publishers don't own the
- 8:28Speaker 1: copyrights to a lot of these books. So it's not
- 8:31Speaker 1: like in music, where the publishing houses have the rights
- 8:33Speaker 1: to license out even though they don't own the underlying work,
- 8:36Speaker 1: but they're given the exclusive right to license right so
- 8:40Speaker 1: right now the publishing houses for books, That's not how
- 8:43Speaker 1: it's worked in print. Print you go to the copyright
- 8:47Speaker 1: owner and you ask them and they're like it just
- 8:49Speaker 1: took us too long to track down everyone we couldn't like,
- 8:52Speaker 1: So it wasn't they were like it was. They basically
- 8:54Speaker 1: said it was too hard in a deposition, So we
- 8:56Speaker 1: just decided not to do it. And I just think
- 8:59Speaker 1: it's funny because you know there are going to be
- 9:03Speaker 1: we need these sort of step by step this is
- 9:06Speaker 1: how it needs to happen. But in order to do that,
- 9:09Speaker 1: we kind of need a functioning Congress because that needs
- 9:11Speaker 1: to be an Act of Congress in order to pass
- 9:13Speaker 1: that kind of legislation. So I don't see that happening
- 9:17Speaker 1: anytime soon. So we're really relying on the courts to
- 9:20Speaker 1: make decisions about every case that comes past them. Because
- 9:24Speaker 1: they're deciding these cases very narrowly. They're not willing to
- 9:29Speaker 1: make a broad, sweeping statement saying this is how it's
- 9:32Speaker 1: going to be when it comes.
- 9:34Speaker 3: To AI dangerous because.
- 9:37Speaker 4: They don't really understand it.
- 9:39Speaker 3: Let's face it, courts are the most conservative, reactionary in
- 9:43Speaker 3: a lot of ways institution in our society, and that's
- 9:47Speaker 3: the way they were designed to be. The way that
- 9:50Speaker 3: they've grasped technology and use it in most courts, Yeah,
- 9:54Speaker 3: they've gotten better, but still ineffect.
- 9:58Speaker 1: I actually think that's why it's smart that they're going
- 10:00Speaker 1: very narrow and they're only deciding it on a case
- 10:02Speaker 1: by case because if you don't understand something very from
- 10:05Speaker 1: a very broad perspective, and I mean Congress, we can
- 10:08Speaker 1: say the same thing about Congress quite honestly, like they
- 10:11Speaker 1: don't understand that, you know, they were asking questions. I
- 10:13Speaker 1: remember a long time ago they were interviewing Mark Zuckerberg
- 10:16Speaker 1: for something and they said, well, can you tell us
- 10:19Speaker 1: what an algorithm is? And he was like, you know,
- 10:22Speaker 1: it was like how does it? How does it work?
- 10:25Speaker 4: You know, it's like do I keep work?
- 10:28Speaker 1: We're reay to be here for a while.
- 10:31Speaker 4: And then it's like rolling his eyes, right yeah, and.
- 10:34Speaker 1: He's going, oh god, we're here. We're at this, Like
- 10:36Speaker 1: we can't even get into the the salient points of
- 10:39Speaker 1: what we're talking about here because they don't even understand
- 10:42Speaker 1: the basics of how it works right or right And
- 10:45Speaker 1: the workings isn't always what even matters. It's the outcome
- 10:48Speaker 1: that we're looking for, right, Like how do you use it?
- 10:50Speaker 1: Stop trying to understand the like inner workings of it
- 10:53Speaker 1: and figure out what's the effect, what's the outcome and
- 10:56Speaker 1: what are you trying to do with it that that's,
- 10:58Speaker 1: in my opinion, that should be the goal when you're
- 11:00Speaker 1: applying technology, because do you remember when the Internet first started,
- 11:04Speaker 1: the World Wide Web, and everyone was everyone would be interviewed.
- 11:08Speaker 1: It was like Sally Jesse Raphael on her show, and
- 11:11Speaker 1: you know, all the talk shows were like what is
- 11:14Speaker 1: the world Wide Web? And they were like trying to
- 11:17Speaker 1: explain that how the internet worked. And you should have
- 11:19Speaker 1: just told them like, okay, this is what the Internet's
- 11:21Speaker 1: going to be able to do. That you could have
- 11:23Speaker 1: gotten more buy it in a lot faster.
- 11:26Speaker 3: So I'm going to ask chat ept now how the
- 11:32Speaker 3: court should deal with the AI companies and the issue
- 11:35Speaker 3: of copyright infringement and fair comment.
- 11:41Speaker 4: And all that fair use. Rather thank you all right,
- 11:47Speaker 4: and let's see what it says here, real time, great question.
- 11:51Speaker 3: This issue is right at the heart of the current legal,
- 11:54Speaker 3: creative and technological debate.
- 11:56Speaker 4: Let's break it down.
- 11:57Speaker 3: Well, now, of course it couldn't just give me a
- 12:00Speaker 3: one sentence answer here.
- 12:02Speaker 1: Well you could about you needed to ask it to
- 12:04Speaker 1: give you a one sentence answer.
- 12:06Speaker 4: Well, I could say just yeah, I can say, all.
- 12:09Speaker 1: Right, don't give me any analysis. Just give me the
- 12:11Speaker 1: answer out to the chase.
- 12:14Speaker 4: Give me the answer in fifty words or less. Yeah. So,
- 12:20Speaker 4: I mean, yeah, you got to know the prompting.
- 12:23Speaker 3: I didn't know it was going to give me everything
- 12:25Speaker 3: it was going to give me here, transparency and disclosure,
- 12:28Speaker 3: invest in licensing agreements, respect opt out systems, says everything
- 12:33Speaker 3: they don't want to do years in, Promote public domain
- 12:36Speaker 3: and open source.
- 12:37Speaker 4: Okay, you can agree on that. Yeah, watermark AI generated content. Okay.
- 12:43Speaker 1: So I think you know, because I'm seeing I think
- 12:45Speaker 1: a lot of it is going to come down to
- 12:48Speaker 1: it's going to it's going to common chunks. We're never
- 12:51Speaker 1: going to see this sweeping legislation where it all gets
- 12:55Speaker 1: packaged really nicely and it's dealt with on It's again,
- 12:59Speaker 1: we're seeing it in the sports already. It's going to
- 13:01Speaker 1: play out on a case by case basis. We've already
- 13:03Speaker 1: had one case come down. It was the Thompson Reuter's
- 13:06Speaker 1: case and it was against the Ross Ross AI Intelligence,
- 13:09Speaker 1: which was the the legal research. So of course it
- 13:13Speaker 1: started with legal research, right like the law, but west
- 13:16Speaker 1: law is sort of the pre you know, premier research
- 13:19Speaker 1: tool that lawyers use. I use it in my law firm,
- 13:22Speaker 1: and they have called case headings. Yeah, and the case
- 13:27Speaker 1: heading sort of you know, explains.
- 13:29Speaker 4: That litigated, that was litigated with.
- 13:31Speaker 1: It that was litigated. It just came down. Yeah, so
- 13:35Speaker 1: that and that that that decision just came down in
- 13:38Speaker 1: favor of Thompson Reuters basically saying is saying that use
- 13:44Speaker 1: ross using the case notes the head notes in West
- 13:47Speaker 1: Law that were that were free and open to the public,
- 13:49Speaker 1: like you can go look those up now without needing
- 13:51Speaker 1: a you know, but those were written by people and
- 13:55Speaker 1: they said, yeah, that's an infringement of the copyright. It's
- 13:58Speaker 1: not fair use. You can't just use those to train
- 14:00Speaker 1: your AI. But they only applied it in that like
- 14:03Speaker 1: very narrow case. So but we're starting to see it unfold,
- 14:08Speaker 1: and I think, you know, we're going to see it
- 14:10Speaker 1: unfold with other things as well. It's going to be writings,
- 14:12Speaker 1: it's going to be music, it's going to it's all
- 14:14Speaker 1: going to kind of come on its own. So we're
- 14:17Speaker 1: going to see this, We're going to see technology continue
- 14:20Speaker 1: to explode because in five years we're going to have
- 14:23Speaker 1: I mean, AI is going to be far beyond what
- 14:25Speaker 1: it is right now. And the law is still going
- 14:27Speaker 1: to be playing catch up twenty years in.
- 14:28Speaker 4: My year, in a year, it will be.
- 14:30Speaker 3: You know, interesting thing about that, the case notes, the squibs,
- 14:36Speaker 3: the I can't even remember right now what it was
- 14:40Speaker 3: so long ago, since I was in law school. But
- 14:43Speaker 3: we were always warned by the professor, don't trust the
- 14:46Speaker 3: case notes because they're often wrong because they're written by people.
- 14:50Speaker 3: I'll bet that those case notes are being written by
- 14:54Speaker 3: AI now. And honestly, AI doesn't need the case note.
- 15:00Speaker 3: It just needs the case It can create its own notes.
- 15:03Speaker 3: So they were kind of cheating and actually lessening their
- 15:07Speaker 3: final product by just scanning the case notes. You need
- 15:10Speaker 3: the case because you know the case notes are inadequate.
- 15:14Speaker 3: But shepherdizing that was it like the link between the
- 15:18Speaker 3: case notes and the shepherdizing it and all that.
- 15:21Speaker 4: You don't need any of that anymore. Really it helps.
- 15:25Speaker 3: You should never just take AI's word for a case
- 15:29Speaker 3: of finding or whatever. But it's easy enough to just
- 15:33Speaker 3: click click the link, and you're reading the case and
- 15:36Speaker 3: you know whether it's right or wrong. But it is
- 15:40Speaker 3: like kind of a fascinating I guess we're geeks. We're
- 15:43Speaker 3: kind of fascinated by nerds. But here it gave a
- 15:48Speaker 3: one line solution. Here the middle ground. AI companies want
- 15:53Speaker 3: to innovate, artists and creators want protection. The public wants
- 15:57Speaker 3: access and progress without as infringement. It's kind of reasonable.
- 16:02Speaker 3: The ideal solution is a system like how music royalties work.
- 16:07Speaker 1: Look at what I said, like I think I.
- 16:09Speaker 3: Think it read your paper honestly and plagiarized you. Probably
- 16:15Speaker 3: creators are compensated. AI systems can still learn and court
- 16:19Speaker 3: step in only when someone crosses the line.
- 16:22Speaker 4: We may even see the creation of.
- 16:24Speaker 3: A collective rights management body for AI training secret to
- 16:29Speaker 3: b M I or ask.
- 16:31Speaker 1: Music publishing those are music publishing.
- 16:32Speaker 4: How all your paper here? Man?
- 16:34Speaker 1: I just exactly see good. But that's but that's really
- 16:39Speaker 1: that's really the smart thing to do, because we already
- 16:43Speaker 1: have a system that works that we can model in music. Right,
- 16:47Speaker 1: we already have that system. It's not it's not reinventing
- 16:50Speaker 1: the Yeah, but.
- 16:52Speaker 4: What about China.
- 16:53Speaker 3: They're not going to want to pay anything because they
- 16:55Speaker 3: steal ip for lunch for breakfast.
- 16:57Speaker 1: They do that anyway, Right, We're still where we fight
- 17:00Speaker 1: that on a daily basis regardless, And so you.
- 17:04Speaker 3: Know, maybe there's a way here where they just don't
- 17:07Speaker 3: get it unless they subscribe.
- 17:11Speaker 1: That's above my pay grade.
- 17:13Speaker 3: Carrie.
- 17:13Speaker 1: I don't know how they would how we block them
- 17:16Speaker 1: from accessing certain internet site, you know, but maybe there
- 17:20Speaker 1: are you know, blocks or firewalls, or there has to
- 17:23Speaker 1: be more site, you know. I'll leave that to the
- 17:26Speaker 1: what cybersecurity professionals to figure out for us.
- 17:30Speaker 3: All right, well, I think we got the issue. I'll
- 17:32Speaker 3: put this in the show notes. Kristen, where do we
- 17:36Speaker 3: find you? Where's the best site?
- 17:37Speaker 1: Fign me on my website trussel Law dot com, t
- 17:40Speaker 1: R E S, T L E l a W dot com.
- 17:42Speaker 1: And I'm also on all social media champ you know, outlets, YouTube, Instagram, Facebook, TikTok, LinkedIn.
- 17:49Speaker 1: You can find me everywhere.
- 17:50Speaker 3: All right, excellent, Well, we'll have a link to your
- 17:52Speaker 3: site in the show notes of this interview on Financial
- 17:55Speaker 3: Survival Network dot com.
- 17:57Speaker 4: Will be careful not to scrape any of your data.
- 18:00Speaker 3: And you've got a question for Kristain myself email kl
- 18:04Speaker 3: atcarrieluts dot com.
- 18:06Speaker 4: And while you're.
- 18:07Speaker 3: At the site, if you just sign up for our
- 18:09Speaker 3: free newsletter, like over seventy thousand, I think we're plus
- 18:13Speaker 3: seventy five thousand subscribers at signed up. We'd appreciate it.
- 18:17Speaker 3: It really helps with the algorithms because we have a
- 18:19Speaker 3: daily war with the YouTube algorithm, you know, suppressing our content,
- 18:24Speaker 3: suppressing me, and it luckily hasn't mattered much to me,
- 18:28Speaker 3: but I would like to defeat it by any means possible.
- 18:31Speaker 3: Christin pleasure, talk to you again soon.
- 18:33Speaker 1: Thank you, Carrie, bye bye.
- 18:35Speaker 2: Thanks for listening to Carrie Letz's Financial Survival Network, your
- 18:39Speaker 2: solution to today's trying times. For the latest, go to
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