Kyle Glover Co-authors Article in Journal of Law, Technology & the Internet: Machines Make Mistakes Too – Planning for AI Liability in Contracting

Recent advances in artificial intelligence have set off a frenzy of commercial activity, with companies worried that they may fall behind if they cannot quickly incorporate the new technology into their products or their internal processes. At the same time, scholars from the machine learning community have warned of the fundamental risks that uninhibited use of artificial intelligence poses to society. The question is not whether artificial intelligence will cause harm, but when, and how.

The discussion of future harm has certainly been written about and contemplated, but such discussion is lacking in two key ways. First, there has been little attempt to consolidate the literature on the range of legal theories that might apply to harm resulting from the use of artificial intelligence. Second, the literature has failed to address the role that contracting may play in reducing uncertainty around liability and overriding common law approaches.

This article addresses both gaps in the literature and provides legal practitioners with an overview of key considerations related to liability allocation when contracting for artificial intelligence technology.

Click here for the complete article, co-authored by incoming first-year associate Mark Sayre and published by Case Western Reserve School of Law.

Kyle Glover assists clients with a wide range of matters related to the negotiation of complex technology and intellectual property transactions, the prosecution and protection of trademarks, and compliance with consumer protection, data privacy, and security requirements.