This Copyright Lawsuit Could Shape the Future of Generative AI — from wired.com by Will Knight
Algorithms that create art, text, and code are spreading fast—but legal challenges could throw a wrench in the works.

Excerpts:

A class-action lawsuit filed in a federal court in California this month takes aim at GitHub Copilot, a powerful tool that automatically writes working code when a programmer starts typing. The coder behind the suit argues that GitHub is infringing copyright because it does not provide attribution when Copilot reproduces open-source code covered by a license requiring it.

Programmers have, of course, always studied, learned from, and copied each other’s code. But not everyone is sure it is fair for AI to do the same, especially if AI can then churn out tons of valuable code itself, without respecting the source material’s license requirements. “As a technologist, I’m a huge fan of AI ,” Butterick says. “I’m looking forward to all the possibilities of these tools. But they have to be fair to everybody.”

Whatever the outcome of the Copilot case, Villa says it could shape the destiny of other areas of generative AI. If the outcome of the Copilot case hinges on how similar AI-generated code is to its training material, there could be implications for systems that reproduce images or music that matches the style of material in their training data. 

Also legal-related, see:


Also related to AI and art/creativity from Wired.com, see:


 

Learning in the brain — from sites.google.com by Efrat Furst; with thanks to 3-Star Learning Experiences for this resource

Excerpts:

Think of working memory as the reception counter to a huge archive.

To summarize, working memory processing resources are highly limited, and yet meaningful processing is essential for storage in long-term memory. It is therefore important to use these resources effectively when learning. There are many tested and proven effective teaching strategies, but a question that often comes up is when to apply each strategy for the best results?

Long-term memory and working memory interactions


 

Table of Experts: Trends in Higher Education — from bizjournals.com by Holly Dolezalek. The Minneapolis-St. Paul Business Journal held a panel discussion recently about trends in higher education.

Excerpts (which focus on law schools/the legal profession):

Anthony Niedwiecki: The legal profession and legal education are very conservative. Covid showed they can, and we as institutions can, change. At Mitchell Hamline, we were the first law school in the country to offer a partially online JD degree. We’ve had that experience since 2015, which has really helped us through Covid. But I think the biggest thing I’ve learned from our students through this process is the need for flexibility. We thought students would want to go back into the classroom at some point and be around people. No! They voted by the classes they signed up for: They signed up for the classes that were online. Some students want to be on campus, some online. So we’ve had to develop our program around different types of modalities we may not have given any thought to before. The students in the online program range in age all the way up to 73 years old. They’ve been in careers, they’re accountants, they’re doctors, they’re health care professionals, elected officials. The other thing is office hours — students like online office hours because it’s convenient, and they can be in an office where other people are talking and learn from it.

 The lesson I take from that, in some ways, even applying it to the law school, is having that partnership with people who want to hire students to make sure that they’re actually involved with the students. We’re finding they help mentor those students, help us make sure we have the right courses in place, and give them opportunities to do internships and externships. So we’ve been starting to partner with some national professional organizations that are attached to the law.
 

2022 Winners of the LegalTech Breakthrough Awards — from legaltechbreakthrough.com

Categories include:

  • Case Management
  • Client Relations
  • Data & Analytics
  • Documentation
  • Legal Education
  • Practice Management
  • Legal Entity Management
  • Legal Research
  • Online Dispute Resolution
  • Contract Management
  • eDiscovery
  • Marketplaces
  • RegTech
  • Leadership

Also see:

With the cost of international air travel rising sharply, remote hearings are a practical alternative to in-person proceedings. International travel is expensive, and the virtual option means that it is no longer necessary to count travel as a “cost of doing business” when pursuing an international dispute. The widespread use of technology in global dispute resolution proceedings gives attorneys and their clients the option to participate remotely, which is a compelling cost saver for all parties. 

  • Most debt lawsuits get decided without a fight. Michigan leaders want to change the rules. — from mlive.com by Matthew Miller
    Excerpt:
    Most of the 1.9 million debt collection cases filed in Michigan’s district courts over the past decade or so never went to trial. Usually, the defendants don’t show up to court, and debt collectors win by default, according to data compiled by the Michigan Justice for All Commission. In most cases, the courts end up garnishing defendants’ wages, income tax returns or other assets, sometimes on the basis of complaints that include little more than the name of the creditor, an account number and the balance due.

And both debt lawsuits and garnishment are more common for people living in primarily Black neighborhoods, regardless of their income.

Members of the Commission say Michigan’s rules around debt collection lawsuits don’t do enough to protect regular people, who sometimes don’t find out they’ve been sued until they see money coming out of their paychecks.

They say those rules need to change.

An early participant in the Law Society of BC’s Innovation Sandbox, the Clinic offers the in-person and virtual help of 25 articling students located in 15 different BC communities —from Tofino to Cranbrook— with the support of 15 supervising lawyers, four staff and dozens of local mentors. Together, they provide fixed-fee services in a wide range of areas covering everyday legal problems.

 

Yale and Harvard’s Law Schools Are Ditching the ‘U.S. News’ Rankings. Will Others Follow? — from chronicle.com by Francie Diep

Excerpt:

Yale Law School — long ranked No. 1 by U.S. News & World Report — is quitting the magazine’s rankings, it announced Wednesday. Hours after that announcement, which was first reported by The Wall Street Journal, Harvard Law School said it would do the same.

“U.S. News stands in the way of progress for legal education and the profession,” said Heather Gerken, Yale Law School’s dean. “It’s made it harder for law schools to admit and support low-income students, and it’s undermining efforts to launch a generation to serve. Now is the time to take a step.”

Also related/see:

Some other legal-related items include:

IAALS Releases New Allied Legal Professionals Landscape Report and Resource Center in an Effort to Increase Legal Options for the Public — iaals.du.edu

Excerpt:

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announced today that it released its new Allied Legal Professionals landscape report, along with an accompanying online Knowledge Center. With generous support from the Sturm Family Foundation, this project seeks to help standardize a new tier of legal professionals nationally, with the goal of increasing the options for accessible and affordable legal help for the public.

“Today, the majority of Americans are faced with a very serious access to justice problem—not only low-income populations, as many people believe. And the pandemic has only made matters worse in recent years,” says Jim Sandman, chair of IAALS’ board of advisors and President Emeritus of the Legal Services Corporation. “For example, studies show that around 40–60% of the middle class have legal needs that remain unmet. Simply put: people want legal help, and they are not getting the help they need.”

Legal Innovators: An Ecosystem of Change Agents! — from artificiallawyer.com

The expanding role of technology in the law firm business model (338) — from legalevolution.org by Kenneth Jones
Legal technology is slowly becoming core to the legal business. It’s time to commit to a cross-functional team approach.

Excerpt:

The premise of this post is that individual capabilities and excellence (either legal or technical) standing alone are not enough to ensure long-term, sustainable success.  No superstar technologist or lawyer is equipped to do it all, as there are too many specialties and functional roles which need to be filled.  Rather, a better approach is to construct team-based, cross-functional units that offer greater operational efficiency while building in layers of redundancy that reduce the potential for surprises, errors, or disruption.  Cf Post 323 (Patrick McKenna’s “rules of engagement” for high-performing legal teams).

 

You Don’t Need a Law Degree to Transform Legal Operations — from news.bloomberglaw.com by Memme Onwudiwe and Tom Stephenson

Excerpt:

While the future of legal innovation remains unclear, it is apparent that law schools must evolve to meet students’ technological needs. At the very least, lawyers and legal professionals must have more collaborative conversations on the broader educational need for legal technology.

Legal operations professionals have a unique opportunity to emphasize the importance of designing and implementing a business solution ecosystem to guide greater efficiency and decision-making. If data and trends tell us anything, law firms and corporate law departments must adapt to achieve better business outcomes, while law schools have to change the way they teach in our modern digital economy.

Also relevant/see:

 

The Law Of The Metaverse — from forbes.com by Charles Lew

Excerpts:

As the metaverse becomes a fully realized, interoperable and persistent platform, the need for a codified and clearly defined system of applicable laws will be tremendous.

The applicability and sufficiency of existing intellectual property laws are being tested as we speak in the metaverse. Heavyweight companies such as Walmart, Hermès, Nike and Roblox are all actively seeking judicial determinations as to their respective trademark rights in the metaverse.

Also relevant/see:

Virtual rights for virtual goods? — from lexology.com

Excerpt:

Why does this matter to you?
If you buy a music album and receive a digital file, is this a purchase of digital goods? What if you listen to the same album on a streaming service? If you buy virtual sneakers for your metaverse avatar, is this a purchase of digital goods or just a part of the service provided by the metaverse operator? As purchasing habits increasingly move online or into the digital space, and especially with the rise in popularity of “metaverses”, the need for clarity and regulation in this area will become more and more apparent.

Brick by Brick: Understanding IP Rights in Metaverse Buildings — from mayerbrown.com

Building a virtual world often involves just that—buildings. But developers of metaverse properties may not know which legal rights are at issue. Can a virtual world incorporate a rendition of a real-life building without infringing on the rights of real-life property owners? Does the architect, owner, or user of a brick-and-mortar building have any rights to assert against a twin building in the metaverse? How does the developer of a virtual building take the building from one virtual world to another?

The answer depends on—and may vary based on—who is asserting the rights, whether copyrights or trademarks are at issue, and whether any of these rights have been assigned to another party.

These questions all remain unsettled in the context of the metaverse, so developers should proceed with caution until courts put their own stake in the ground on these issues.


Also relevant/see:


 

Teaching: Flipping a Class Helps — but Not for the Reason You’d Think — from the Teaching newsletter out at The Chronicle of Higher Education by Beckie Supiano

Excerpt:

The authors propose a different model of flipping that gives their paper its title, “Fail, Flip, Fix, and Feed — Rethinking Flipped Learning: A Review of Meta-Analyses and a Subsequent Meta-Analysis.”

Their model:

  • Fail: Give students a chance to try solving problems. They won’t have all the information needed to arrive at the solution, but the attempt activates their prior learning and primes them for the coming content.
  • Flip: Deliver the content ahead of class, perhaps in a video lecture.
  • Fix: During class time, a traditional lecture can deepen understanding and correct misperceptions.
  • Feed: Formative assessment lets students check their level of understanding.

I find this paper interesting for a number of reasons. It ties into a challenge I’d like to dig into in the future: the gap that can exist between a teaching approach as described in research literature and as applied in the classroom.

From DSC:
Though I haven’t read this analysis (please accept my apology here), I would hope that it would also mention one of the key benefits of the flipped classroom approach — giving students more control over the pacing of the content. Students can stop, fast-forward, rewind, and pause the content as necessary. This is very helpful for all students, but especially for students who don’t have English as their primary language.

I like this approach because if students fail to solve the problem at first, they will likely be listening more/very carefully as to how to solve it:

Drawing on related research, we proposed a more specific model for flipping, “Fail, Flip, Fix, and Feed” whereby students are asked to first engage in generating solutions to novel problems even if they fail to generate the correct solutions, before receiving instructions.

Plus, students will begin to recall/activate their prior knowledge on a subject in order to try to solve the problem. That retrieval practice in and of itself can be helpful.

 

ABA advances proposal to end LSAT requirements — from highereddive.com by Jeremy Bauer-Wolf

Dive Brief:

  • An American Bar Association governing body will vote next week whether to ax a requirement that ABA-accredited law schools use an entrance exam, like the Law School Admission Test, or LSAT, eroding the assessment’s long-standing influence in admissions.
  • A key ABA committee, the Strategic Review Committee, on Friday recommended the association end admissions test requirements.
  • If the governing board votes Nov. 18 to repeal assessment mandates, the ABA House of Delegates will be in line to finalize the new policy at its February meeting.
 

How AI will change Education: Part I | Transcend Newsletter #59 — from transcend.substack.com by Alberto Arenaza; with thanks to GSV’s Big 10 for this resource

Excerpt:

You’ve likely been reading for the last few minutes my arguments for why AI is going to change education. You may agree with some points, disagree with others…

Only, those were not my words.

An AI has written every single word in this essay up until here.

The only thing I wrote myself was the first sentence: Artificial Intelligence is going to revolutionize education. The images too, everything was generated by AI.

 

From DSC:
I virtually attended the Law 2030 Conference (Nov 3-4, 2022). Jennifer Leonard and staff from the University of Pennsylvania’s Carey Law School put together a super conference! It highlighted the need for change within the legal industry. A major shout out to Jennifer Leonard, Theodore Ruger (Law School Dean), and others!

I really appreciate Jen’s vision here, because she recognizes that the legal industry needs to involve more disciplines, more specialists, and others who don’t have a JD Degree and/or who haven’t passed the Bar. On Day 1 of the conference (in the afternoon), Jen enlisted the help of several others to use Design Thinking to start to get at possible solutions to our entrenched issues.

America, our legal system is being tightly controlled and protected — by lawyers. They are out to protect their turf — no matter the ramifications/consequences of doing so. This is a bad move on many lawyers part. It’s a bad move on many Bar Associations part. Lawyers already have some major PR work to do — but when America finds out what they’ve been doing, their PR problems are going to be that much larger. I’d recommend that they change their ways and really start innovating to address the major access to justice issues that we have in the United States.

One of the highlights for me was listening to the powerful, well-thought-out presentation from Michigan’s Chief Justice Bridget McCormack — it was one of the best I’ve ever heard at a conference! She mentioned the various stakeholders that need to come to the table — which includes law schools/legal education. I also appreciated Jordan Furlong’s efforts to deliver a 15-minute presentation (virtual), which it sounded like he worked on most of the night when he found out he couldn’t be there in person! He nicely outlined the experimentation that’s going on in Canada.

Here’s the recording from Day 1:

 


Jeff Selingo’s comments this week reminded me that those of us who have worked in higher education for much of our careers also have a lot of work to do as well.


 

Addendum on 11/8/22:

 


 

“Unleash all this creativity”: Google AI’s breathtaking potential — from axios.com by Jennifer Kingson

Excerpt:

Google’s research arm on Wednesday showed off a whiz-bang assortment of artificial intelligence (AI) projects it’s incubating, aimed at everything from mitigating climate change to helping novelists craft prose.

Why it matters: AI has breathtaking potential to improve and enrich our lives — and comes with hugely worrisome risks of misuse, intrusion and malfeasance, if not developed and deployed responsibly.

Driving the news: The dozen-or-so AI projects that Google Research unfurled at a Manhattan media event are in various stages of development, with goals ranging from societal improvement (such as better health diagnoses) to pure creativity and fun (text-to-image generation that can help you build a 3D image of a skirt-clad monster made of marzipan).

The “1,000 Languages Initiative”: Google is building an AI model that will work with the world’s 1,000 most-spoken languages.

  • AI “can have immense social benefits” and “unleash all this creativity,” said Marian Croak, head of Google Research’s center of expertise on responsible AI.
  • “But because it has such a broad impact on people, the risk involved can also be very huge. And if we don’t get that right … it can be very destructive.”

    And as Axios’ Scott Rosenberg has written, society is only just beginning to grapple with the legal and ethical questions raised by AI’s new capacity to generate text and images.
 

How to Stanch Enrollment Loss — from chronicle.com by Jeff Selingo
It’s time to stop pretending the problem will fix itself.

Excerpt:

The latest enrollment numbers from the National Student Clearinghouse Research Center, for the fall of 2022, paint an ominous picture for higher education coming out of the pandemic. Even in what many college leaders have called a “normal” fall on campuses, enrollment was down 1.1 percent across all sectors. And while the drop was smaller than the past two Covid-stricken fall semesters, colleges across every sector still have lost more than a million students since the fall of 2019.

At some point, colleges need to stop blaming the students who sat out the pandemic or the economic factors and social forces buffeting higher education for enrollment losses. Instead, institutions should look at whether the student experience they’re offering and the outcomes they’re promising provide students with a sense of belonging in the classroom and on campus and ultimately a purpose for their education.


The Key Podcast | Ep.91: The Pros and Cons of HyFlex Instruction — from insidehighered.com with Doug Lederman, Enilda Romero-Hall and Alanna Gillis

Excerpt:

During the pandemic, many colleges and universities embraced a form of blended learning called HyFlex, to mixed reviews. Is it likely to be part of colleges’ instructional strategy going forward?

This week’s episode of The Key explores HyFlex, in which students in a classroom learn synchronously alongside a cohort of peers studying remotely. HyFlex moved from a fringe phenomenon to the mainstream during the COVID-19 pandemic, and the experience was imperfect at best, for professors and students alike.

This conversation about the teaching modality features two professors who have both taught in the HyFlex format and done research on its impact.

From DSC:
When I worked for a law school, we had a Weekend Blended Learning Program.  Student evaluations of these courses constantly mentioned that these WBLP-based courses saved many students hundreds of dollars for each particular class that we offered online (i.e., cost savings in flights, hotels, meals, rental cars, parking fees, etc.).

Another thought/idea:

  • What if traditional institutions of higher education were to offer tiered pricing? That is, perhaps students participating remotely could listen in and even audit classes, but pay less.

Colleges should use K-12 performance assessments for course placement, report says — from highereddive.com by Jeremy Bauer-Wolf

Dive Brief:

  • Colleges should use K-12 performance assessments like capstone papers or portfolios for student course placements and advising, according to a recent report.
  • Typical methods of determining students’ placement in early college classes — like standardized tests — don’t fully illustrate their interests and academic potential, according to the report, which was published by postsecondary education access group Complete College America. Conversely, K-12 performance assessments ask students to demonstrate real-world skills, often in a way that ends with a tangible product.
  • The organizations recommend colleges and K-12 schools mesh their processes, such as by mutually developing a high school graduation requirement around performance assessments. This would help strengthen the K-12 school-college relationship and ease students’ transition from high school to college, the report states.

From DSC:
I post this particular item because I like the tighter integration that’s being recommended between K12 and higher education. It seems like better overall learning ecosystems design, design thinking, and on-ramping.

Along these lines, also see:

How Higher Ed Can Help Remedy K-12 Learning Losses — from insidehighered.com by Johanna Alonso
Low national scores have spurred discussion of how K-12 schools can improve student performance. Experts think institutions of higher education can help.

Excerpt:

Now educators at all levels are talking about ways to reverse the declines. Higher education leaders have already added supports for college students who suffered pandemic-related learning losses; many now aim to expand their efforts to help K-12 students who will eventually arrive on their campuses potentially with even more ground to make up.

It’s hard to tell yet what these supports will look like, but some anticipate they will involve strengthening the developmental education infrastructure that already exists for underprepared students. Others believe universities must play a role in the interventions currently ongoing at the K-12 level.


Also see:

CIN EdTech Student Survey | October 2022 — from wgulabs.org

Excerpt:

Our report shares three key takeaways:

  1. Students’ experiences with technology-enabled learning have improved since 2021.
  2. Students want online learning but institutions must overcome perceptions of lower learning quality.
  3. Students feel generally positive about an online-enabled future for higher education, but less so for themselves..

5 things colleges can do to help save the planet from climate change — from highereddive.com by Anthony Knerr
A strategy consultant explores ways colleges can improve sustainability.

Overwhelming demand for online classes is reshaping California’s community colleges — from latimes.com by Debbie Truongs; with thanks to Ray Schroeder out on LinkedIn for this resource

Excerpt:

Gallegos is among the thousands of California community college students who have changed the way they are pursuing higher education by opting for online classes in eye-popping numbers. The demand for virtual classes represents a dramatic shift in how instruction is delivered in one of the nation’s largest systems of public higher education and stands as an unexpected legacy of the pandemic.

Labster Hits Milestone of 300 Virtual Science Lab Simulations — from businesswire.com
Award-winning edtech pioneer adds new STEM titles and extensive product enhancements for interactive courseware for universities, colleges, and high schools

Excerpt:

Labster provides educators with the ability to digitally explore and enhance their science offerings and supplement their in-classroom activities. Labster virtual simulations in fields such as biology, biochemistry, genetics, biotechnology, chemistry, and physics are especially useful for pre- and post-lab assignments, so science department leads can fully optimize the time students spend on-site in high-demand physical laboratories.

AAA partners with universities to develop tech talent — from ciodive.com by Lindsey Wilkinson
Through tech internships and for-credit opportunities, the auto club established a talent pipeline that has led to new feature development.

5 enrollment trends to keep an eye on for fall 2022 — from highereddive.com by Natalie Schwartz
Although undergraduate and graduate enrollment are both down, some types of institutions saw notable increases, including HBCUs and online colleges.

 

How lawyers can unlock the potential of the metaverse — from abajournal.com by Victor Li

Excerpt:

One such firm is Grungo Colarulo, a personal injury law firm with offices in New Jersey and Pennsylvania. Last December, the firm announced that it had set up shop in the virtual world known as Decentraland.

Users can enter the firm’s virtual office, where they can interact with the firm’s avatar. They can talk to the avatar to see whether they might need legal representation and then take down a phone number to call the firm in the physical world. If they’re already clients, they can arrive for meetings or consultations.

Richard Grungo Jr., co-founder and name partner at Grungo Colarulo, told the ABA Journal in December 2021 that he could see the potential of the metaverse to allow his firm to host webinars, CLEs and other virtual educational opportunities, as well as hosting charity events.

Grungo joined the ABA Journal’s Victor Li to talk about how lawyers can use the metaverse to market themselves, as well as legal issues relating to the technology that all users should be aware of.

From DSC:
I post this to put this on the radars of legal folks out there. Law schools should join the legaltech folks in pulse-checking and covering/addressing emerging technologies. What the Metaverse and Web3 become is too early to tell. My guess is that we’ll see a lot more blending of the real world with the digital world — especially via Augmented Reality (AR).

We need to constantly be pulse-checking the landscapes out there and developing scenarios and solutions to such trends

 

7 Technologies that are Changing Healthcare — from digitalsalutem.com by João Bocas

In this article we are going to talk about the seven technologies that are changing healthcare:

  1. Artificial Intelligence
  2. Blockchain
  3. Virtual Reality
  4. Robots
  5. Mapping technologies
  6. Big Data
  7. Neurotechnology

This startup 3D prints tiny homes from recyclable plastics — from interestingengineering.com by Nergis Firtina; with thanks to Laura Goodrich for this resource

A 3D printed house by Azure

Satellite Billboards Are a Dystopian Future We Don’t Need — from gizmodo.com by George Dvorsky; with thanks to Laura Goodrich for this resource
Brightly lit ads in orbit are technologically and economically viable, say Russian scientists. But can we not?

Artist’s conception of a cubesat ad showing the Olympic rings. Image: Shamil Biktimirov/Skoltech

South Korea to Provide Blockchain-based Digital Identities to Citizens by 2024 — from blockchain.news by Annie Li; with thanks to Laura Goodrich for this resource

Excerpt:

South Korea plans to provide digital identities encrypted by blockchain with smartphones to citizens in 2024 to facilitate its economic development., Bloomberg reported Monday.

The South Korean government stated that with the expansion of the digital economy, the ID embedded in the smartphone is an indispensable emerging technology to support the development of data.

From DSC:
Interesting to see blockchain show up in the first item above on healthcare and also on this item coming out of South Korea for digital identities.

The Bruce Willis Deepfake Is Everyone’s Problem — from wired.com by Will Bedingfield; with thanks to Stephen Downes for this resource
There’s a fight brewing over how Hollywood stars can protect their identities. But it’s not just actors who should be paying attention.

Excerpts:

Yet the question of “who owns Bruce Willis,” as Levy put it, isn’t only a concern for the Hollywood star and his representatives. It concerns actors unions across the world, fighting against contracts that exploit their members’ naivety about AI. And, for some experts, it’s a question that implicates everyone, portending a wilder, dystopian future—one in which identities are bought, sold, and seized.

“This is relevant not just to AI contracts [for synthetic performances], but any contract involving rights to one’s likeness and voice,” says Danielle S. Van Lier, assistant general counsel, intellectual property and contracts at SAG-AFTRA. “We have been seeing contracts that now include ‘simulation rights’ to performers’ images, voices, and performances. These contract terms are buried deep in the boilerplate of performance agreements in traditional media.”


Addendum on 10/26/22:


 
© 2025 | Daniel Christian