The NY court system has released its rule on AI use in filings:
"It is the policy of the Unified Court System that the use by attorneys and parties of artificial intelligence tools in preparing papers submitted to a court should not be prohibited, as long as such use is in accordance with the duties and responsibilities that apply to individuals who submit papers to a court."
TLDR: It is allowed. Lawyer who submits is responsible for any errors.
2/2 I used my company's AI system to do a deep-dive on this issue, and wrote up what might go into Musk's appeal. I relied on @michelletomkim 's invaluable day-by-day reporting from the courthouse.
How Musk Might Defeat the Statute of Limitations Defense
https://t.co/AWlaM0bOEX
Re: Musk v. Altman, the statute of limitations defense that prevailed is not as clear-cut as it may seem. Musk could make a "justifiable reliance" argument about being reassured by Altman, who further owed a fiduciary duty, about the non-profit mission. 1/2
@JoshHochschild You see essay assignment as a summons of sorts, to form and represent a position on a topic. If a student submits AI, then she has not shown up, much less cogitated a response.
An essay is not so much a problem being solved as a window into its author's working mind and soul.
Musk v. Altman: Does motive matter? OpenAI's lawyer dug up unflattering incidents to argue Musk cares only that his AI company xAI emerges on top. Courts can limit equitable remedies if plaintiff doesn't bring suit with "clean hands". Janvey v. GMAG, 5th Cir. Yes, motive matters.
OpenAI's lawyer Savitt is painting a picture that Musk knew of OpenAI's for-profit trajectory as early as 2019, when Microsoft invested $1B in OpenAI. If Savitt succeeds in persuading the advisory jury and judge, the 3-year statute of limitations could get the suit dismissed.
Musk v. Altman, governing statute of limitations:
CCP Β§ 338 (d): An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
What gives a judge the power to issue a gag order? Like Judge Rogers said to Musk she'd rather not to keep him from posting on X? Turns out Article III of the Constitution, that vests "judicial Power" in the courts. Case law from 1800s on has developed that to include gag orders.
I researched the use of an 'advisory jury' in a trial, as is the case in Musk v. Altman. The 7th Amendment right to trial by jury does not apply if claims are "equitable" in nature, not Re: legal rights. Musk's claims, unjust enrichment, breach of charitable trust, fit the bill.
Enter the Lebenswelt: AI and Our Life-World, by @deepsubb https://t.co/WTc71IEVD1
I examine what it takes for AI to join human community, using Edmund Husserl's concept of the lebenswelt (life-world), and fictional AI characters. Some edutaining weekend reading.
Radiologists are doing great despite their ChatGPT moment in 2012. I make the case why lawyers similarly won't be displaced by current AI.
1. Current AI does not generalize ...
2. Adversarial nature of litigation ...
...
6. Law as the 'Science of Man'
Read my latest substack.
@ProfRobAnderson My cofounder who is a former prosecutor thinks Chatlaw beats all those mentioned so far:
https://t.co/VCDF4argsT
Uses cases we downloaded from Courtlistener, and provides the pages cites refer to, for easy verification.
@ericweinstein Aristotle answers this in Nicomachean Ethics. Happiness from exercising the virtues:- Pleasure from a job well done. From showing generosity to a friend. From being courageous in a difficult situation.
βan unfavorable result can no more disprove the faithful manβs conviction of what his calling should be, than a favorable result can of itself prove that he is in proper calling.β -Soren Kierkegaard
How many AI startup people are in their proper calling?
@nealasher Iβve been abstinent about as long. What itβs for is my mind stays clear, and I donβt feel slightly compromised physically the next day. I feel I am more present for life.
But the social stuff is real. We bond over ritual, and drinking is part of that, for many cultures.