OTA: The Government’s Favorite Tool for Acquiring Innovative Technology

By: Hunter Conetta

Technological innovation has rapidly become a core feature of national security policy for the United States. The Department of Defense and armed services have prioritized the acquisition of everything from online data collection programs to AI-integrated weapons systems in order to outpace the innovation of adversaries and develop dynamic cyber capabilities. This awakening may best be exemplified in a memo issued by the Secretary of Defense, who wrote, “software-defined warfare is not a future construct, but the reality we find ourselves in today.”[1] The Secretary of Defense is not alone in his belief, as a host of executive branch and legislative officials are enacting policies and making laws to enable the expedited acquisition of software and technology.

Can AI-Generated Output Be Protected Under Intellectual Property Law?

By Audrey Zhang Yang

Introduction

AI-generated output represents a groundbreaking integration of technology and creativity that increasingly challenges established norms in the legal world. Inevitably, it raises the question on whether law and policy on intellectual property protection should evolve and adapt to recognize this changing innovation trend. The Progress Clause of the Constitution gives Congress the power to “promote the Progress of Science…by securing for limited Times to Authors…the exclusive Right to their…Writing.”[i] Pursuant to this authorization, the Copyright Act extends copyright protection for “original works of authorship fixed in any tangible medium of expression.”[ii] The Copyright Act neither defined “authorship” not “works of authorship.”[iii] Traditionally, courts assigns authorship to individuals who create original works. However, determining authorship is more challenging in the case of artificial intelligence (AI). Some believe that since AI systems are tools programmed by humans, the programmers are entitled to authorship rights.[iv] Also, when someone instructs AI to solve a problem, that person might qualify as an investor if she formulates a problem in a manner that requires inventive skill.[v] However, laws on intellectual property, patent, and copyright were not originally passed with AI in mind. Therefore, there is no law specifically addressing AI-generated invention in any jurisdiction.

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Tag: OpenAI

OTA: The Government’s Favorite Tool for Acquiring Innovative Technology

OTA: The Government’s Favorite Tool for Acquiring Innovative Technology