A Social Justice Perspective on IP Protection for Artificial Intelligence Programs

Abstract

We are just at the beginning of the AI revolution and already it is transforming human society. In history only four other technologies have transformed human life as profoundly as AI will: steam power that powered the industrial revolution; electricity that transformed everything; the development of antibiotics and medical understanding and treatment generally; and computers and pre-AI software creating the information age. As we move into the AI world, we face significant challenges with respect to shaping our world. A significant part of that shaping will be determined by how we collectively choose to reward and regulate AI implementations. And a part of that shaping will depend upon how we address intellectual property issues connected to artificial intelligence applications. This chapter sketches some of the concerns and suggests a path forward that directly responds to the challenge posed by Buckminster Fuller in this chapter’s framing epigraph.

Keywords: artificial intelligence, machine learning, intellectual property, social justice, IP-SJ, law, patent, copyright, trade secrets, trademarks, algorithm, neural nets, gan, XAI, explainable AI