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With more than a billion users apiece across the planet, Microsoft and Google products are omnipresent in our modernised, automated lives.
Not unexpectedly, both companies are thriving in the ever-more digitised world we’re constantly moving into. Microsoft’s revenue for 2023 was just short of $211.92bn, Google’s topped $300bn. Both are among – and in many ways, at least partly responsible for – revolutionary advancements in technology.
And, for better or worse, our lives are changing rapidly with the emergence of artificial intelligence, better known as AI.
Large language models, to give them their other recognised term, are everywhere these days – household names. They’re embedded in the fabric of our working lives, our free time and at most points inbetween. All the major tech giants have them – if you don’t have a chatbot or virtual assistant these days are you even existing in the new millennium?
Unsurprisingly, Google and Microsoft are in on the AI act, with ongoing training and development of chatbot programs. These have already proved wildly popular and seven in 10 of us have tried testing them out for one reason or another.
But it is the in-browser systems’ ongoing training and developing that is causing consternation. Some of these chatbots’ expansive knowledge bases have been compiled using copyright-protected data, innocent users’ personal details or confidential information that was submitted freely but not for the express purpose of AI development.
Here is where countless millions of people come in.
These systems’ AI-powered coding creation and content writing relies on it being fed the data that, in other spheres, would be the legal property of its creator and the copyright laws would be violated.
In other words, companies are making money from their use of human-written code without attribution or remuneration for its owner.
In Google’s case, they and their parent company Alphabet have already had a class-action lawsuit issued against them in California, for negligence, invasion of privacy, larceny, copyright infringement and profiting from personal data that was illegally obtained. Its instigators, Clarkson Law Firm, allege that they have accessed millions of users’ data and put it to use in the development of their AI chatbot. Formerly called Bard, it has since been rebranded as Gemini.
The lawsuit claims that Google has surreptitiously stolen “everything ever created and shared on the internet by hundreds of millions of Americans” to train Gemini.
Developers maintain that the use of data for training purposes falls under the ‘fair use’ defence, in the case of Microsoft’s partner firm insisting that the AI chatbot’s intention is to serve as an assisting tool for developers, believing their use of protected materials is justified by the end product.
Continuing development goes on, despite legal proceedings being under way in the USA. The outcome of that is eagerly awaited, as it could have a major impact on the way AI-generated code and copy is likely to be treated in copyrighting terms. Instances have already been identified where licences have been violated. The potential damages in this case could be in the billions.
There are also questions surrounding the AI bots’ ability to generate original content, and do so ethically and in an unbiased fashion, given its source material.
But the legal argument centres primarily on copyrighted material and intellectual property rights, whether or not material has been intentionally infringed upon by OpenAI.
Proceedings for the lawsuit against Microsoft are still at an early stage. While a hefty chunk of the material used by AI developers will be ‘open source’ – code that anyone can legally inspect, modify and enhance – the outcome of these lawsuits could have a crucial effect on the perceived culture of massive companies violating copyright laws without penalty.
The case against Google in California was dismissed by a federal judge in light of the related lawsuit against OpenAI and Microsoft and, though dismissing the case, the judge said amending and refiling it would be allowed.
Google claim that the use of publicly-available data is necessary to train large language models (LLMs). They also suggest that “the very idea of generative AI” would have a sledgehammer taken to it by the lawsuit.
Users’ data that Microsoft and Google can, and do, collect could include: Name and contact information, access credentials such as passwords and security information, demographic data such as users’ age, gender and location, payment details, subscription details, online searches and commands, voice data, inking and typing data, images and metadata attached to those images, music and video files, contacts lists, social media activity, email and file contents as well as other communications, traffic data and feedback messages.
And you may have provided them with access to your details and data willingly, if unwittingly.
Anyone with a LinkedIn account, for example, has their personal details saved and stored by Microsoft. This is not illegal – virtually all businesses of any size store customer and client data – but it’s what is being done with that data that is key here. If you are a video gamer and have an Xbox app or Game Pass account, then similarly your data is available to Microsoft, and used in customising the user experience. At work you may use Outlook, Office or any of the range of work-related applications and programs Microsoft produce.
If so then your data is almost certainly being held – and is most likely being used – to develop LLMs.
If you’re a regular YouTube user and have an account for the video sharing site, then Google will have your data. Beyond the video sharing site, just about everybody uses, or has used at some time, Google’s search engine, web-based email service, office applications, storage systems and sat nav program, Maps.
Microsoft say they use data to operate their products and provide users with interactive experiences, as well as build, train and improve accuracy in their automated processing methods. They also say they use data to protect their products’ safety and that of their customers. This could be by disrupting malicious software’s operations or identifying spam, viruses and fraudulent links.
The case (soon to become ‘cases’, presumably) on the other side of the Atlantic can, and almost certainly will, have implications for the potential reshaping of how companies approach the development of their AI systems, especially in areas where their products interact with or generate copyrighted material.
So, what OpenAI may call innovation is being contested as, in some cases, piracy – or at least copyright infringement. We await the outcome of the trial with eager anticipation as we mull over the ramifications for shaping artificial intelligence’s future.
Or, as one of the AI helpers itself put it (with minimal prompting): “The future of (insert your favourite AI system here) remains dynamic despite ongoing legal challenges. The developers are accused of reproducing publicly shared code in violation of copyright law and software licensing requirements.
“While the legal landscape evolves, it continues to be a powerful tool for developers, albeit with ongoing scrutiny.”
Ever used Microsoft and/or Google’s products? You may be eligible to claim compensation for the unauthorised use of your data.
Barings Law is the first law firm in the UK launching legal action against the tech giants, Microsoft and Google, for the unauthorised use of personal data. The data is believed to have been used in the ongoing development of AI models without proper consent from its users.
If you have ever had a Microsoft or Google account, or if you have ever used any of their products and services, it’s time for you to take action and stand up for your personal data rights.
To get started, all you need to do is click the button at the bottom of this article and fill in a quick-and-easy form. When you are submitting your claim, we will only ask you for information about the Microsoft and Google products and services you use. Once you have completed the form, a member of our team will be in touch if and when we require further details.
We work on a no-win no-fee basis, meaning you will have nothing to pay unless your claim is successful, meaning we will do what it takes to ensure we get you the money you deserve with no financial risk whatsoever. However, it is important that you cooperate with us at every stage.
At Barings Law, your legal concerns are our top priority. Whether you need guidance on a complex legal matter or have questions about our services, our team is ready to assist you.
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