AI and the law: assistant or assassin?

Smartt, Ursula (2025) AI and the law: assistant or assassin? In: women in the law, 1 May 2025, Northeastern University Boston. (Unpublished)

Abstract

Abstract AI and the Law: assistant or assassin? By Ursula Smartt Northeastern University London Artificial Intelligence (AI) and Machine Learning (ML) are revolutionizing various fields at an unprecedented pace, with profound implications for industries, such as law. AI, first defined in 1956 by John McCarthy, refers to machines imitating human-like behaviours, while ML is a subset where systems ‘learn’ from data to make decisions. Artificial Neural Networks (ANNs), a key example of ML, are designed to mimic the human brain’s structure to discern patterns, used notably in music recommendation algorithms. Despite their potential, challenges arise in intellectual property (IP) law, as demonstrated in the Emotional Perception AI Ltd case in 2024, where the London Court of Appeal Court (CA) ruled against granting a patent to an ANN, highlighting legal debates on whether AI-generated inventions should be recognized as intellectual property. The issue extends to Large Language Models (LLMs), such as ChatGPT or Gemini, which predict and generate human-like text but often suffer from inconsistencies or ‘hallucinations.’ Another contentious area is whether AI can be considered sentient. While some argue that the neural network design of LLMs might lead to artificial consciousness, others claim that AI simply simulates understanding without true cognition. In the realm of patents, the case of DABUS, an AI that independently generates inventions, has sparked global debate on whether AI systems can be granted patent rights. Courts have largely rejected AI as inventors, though some countries, such as South Africa, have granted patents recognizing AI’s legal personhood. Generative AI’s rise also challenges copyright laws, particularly in music creation, as AI tools generate content from pre-existing works. Legal disputes, such as those involving Universal Music Group and AI firms, highlight the complexities of ownership and infringement, raising fundamental questions about the future of copyright in an AI-driven world.

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