Extract from James A. Wolff’s article “The Rise of AI Litigation: How Emerging Tech Companies Can Safeguard Their IP and Liability Exposure”
As artificial intelligence continues to drive innovation at an unprecedented pace, it has also become a battleground for litigation, particularly concerning intellectual property misappropriation, data scraping, and model transparency.
The legal frameworks traditionally relied upon to govern software, data use, and trade secrets are proving increasingly inadequate in addressing the complexities posed by generative models and autonomous decision-making systems.
This lack of clarity over ownership rights, fair use doctrines, and the extent to which proprietary data can be leveraged for machine learning development has created an uncertain legal environment.
Startups and established enterprises alike are now forced to confront mounting litigation risks, regulatory scrutiny, and competitive threats in a legal landscape that is evolving faster than legislative and judicial bodies can respond.