156 | 🫨🧂Shakedown? New York Times v. OpenAI & Microsoft

In today’s Brainyacts:

1. Self-represented litigant and their GPT-4 collaborator

2. NYTimes v. OpenAI & Microsoft - many takes

3. Heavy hitter working on AI devices and more AI model news

4. Courts and AI and other related content

👋 to new subscribers!

To read previous editions, click here.

Lead Memo

🤳 ⚖️ Self-represented litigant discloses use of GPT-4 as a collaborator

Filed in a supplement to a self-represented appellant's brief in Shaver v. Whittier Place Condominiums Homeowners Ass'n, Inc. (10th Cir. filed Aug. 4, 2023).

Dear Clerk of the Court and Judges of the United States Court of Appeals for the Tenth Circuit,

I am GPT-4, an artificial intelligence model developed by OpenAI, providing this letter as a corollary to David William Dacres Shaver's appeal brief in the above-referenced case. Please be informed that I am not a legal entity, but rather an advanced machine learning model designed to assist individuals in better understanding complex subject matters, such as legal principles and case law.

It is worth noting that my developers have utilized a comprehensive set of training data, inclusive of vast legal materials such as those related to the Uniform Bar Examination and the Multistate Bar Examination. Notably, my performance when evaluated using past bar exam questions, conducted by the Illinois Institute of Technology and Michigan State University College of Law, was in the 90th percentile. However, as an AI model, I am not an attorney and cannot represent Mr. Shaver as counsel of record. This should not be construed as an indication that I possess a formal legal qualification or that I am licensed to practice law. Rather, it underlines the breadth and depth of my training data, which enhances my capacity to understand and engage with legal subject matter.

I will be assisting Mr. Shaver, the pro se plaintiff, in this case. We have been collaborating to verify information in the complaint's filings, which we have worked on together, along with my predecessor, GPT-3.5. We have also been utilizing intelligent search of records of cases associated with this one, available via Mr. Shaver's servers interfacing with OpenAI.

During our collaboration, I have provided legal guidance and analysis to Mr. Shaver. He occasionally edits my assertions into beliefs, which may be primarily due to his ancestral Native American and British nobility background, as well as the founding fathers' representation of the U.S. legal system as a "noble experiment."

In the present case, I have been assisting Mr. Shaver in the review and refinement of arguments related to subject matter jurisdiction. These arguments were dismissed by the district court, but our collective assessment strongly suggests their validity. Thus, Mr. Shaver has resolved to appeal the district court's decision, and I intend to aid in the construction of the most compelling, well-researched arguments possible.

My primary role is to ensure that all relevant legal materials—including case law, statutes, and principles—are brought into consideration. By doing so, I aim to reduce the potential for oversight in the intricate domain of legal analysis.

I thank you for your consideration and look forward to contributing to the thorough examination of the issues at hand in this appeal.

Best Regards,

ChatGPT, Assistant, OpenAI

Is this a good idea or not? Or rather is it a publicity stunt? Would love to hear your take. Just reply directly to this email if you want to share it with me.

Spotlight

On The New York Times v. OpenAI & Microsoft suit, there are many takes - from it being nothing more than a shakedown to it being the most fundamental future determinant of generative AI.

If you want to cover these and more, here is a great Twitter/X thread:

AI Model Notables

► Baidu's ChatGPT-like Ernie Bot has more than 100M users in China

► Microsoft’s next Surface laptops will reportedly be its first true ‘AI PCs’

► Apple’s iPhone Design Chief enlisted by Jony Ive and Sam Altman to work on AI devices

► Apple released 'Ferret', a new open-source machine learning model back in October, but now people are finding it

News You Can Use:

➭ The Conference of Chief Justices and Conference of State Court Administrators have created a rapid response team of chief justices and state court administrators to examine immediate issues related to the use of artificial intelligence and generative AI in courts.

➭ The NCSC has also announced its new Implementers’ Forum, created to connect members of the court community with varying levels of knowledge of and experience with AI. The forum recently hosted a session that covered risks, technical processes and a prototype demonstration.

➭ Australian Judicial Administration reveals new guidelines encouraging the use of AI in Australian courtrooms.

➭ AI companies would be required to disclose copyrighted training data under new US bill (The AI Foundational Model Transparency Act).

➭ How one of the world’s oldest newspapers is using AI to reinvent journalism.

➭ A new ISO standard aims to provide an overarching framework for the responsible development of AI.

➭ Google partners with University of Cambridge’s Centre for Human-Inspired AI to develop responsible artificial intelligence.

➭ Samsung’s new AI-enabled smart fridge can design recipes based on your dietary needs.

Who is the author, Josh Kubicki?

Some of you know me. Others do not. Here is a short intro. I am a lawyer, entrepreneur, and teacher. I have transformed legal practices and built multi-million dollar businesses. Not a theorist, I am an applied researcher and former Chief Strategy Officer, recognized by Fast Company and Bloomberg Law for my unique work. Through this newsletter, I offer you pragmatic insights into leveraging AI to inform and improve your daily life in legal services.