Category Archives: Technology

AI vs IP

Posted on by
Reply

Can Artificial Intelligence software claim copyright in any work that was created using their algorithms?

The short answer is “no”, since only humans can establish copyright in original creative works. Copyright can be assigned to a company or trust, or it can be created under various forms of creative commons, but there still needs to be a human author behind the copyright material. While copyright may lapse over time, it then becomes part of the public domain.

However, the extent to which a human author can claim copyright in a work that has been created with the help of AI is now being challenged. A recent case in the USA has determined that the author of a graphic novel, which included images created using Midjouney, cannot claim copyright in those images. While it was accepted that the author devised the text and other prompts that the software used as the generative inputs, the output images themselves could not be the subject of copyright protection – meaning they are either in the public domain, or they fall under some category of creative commons? This case also indicates that, in the USA at least, failing to declare the use of AI tools in a work when applying for copyright registration may result in a rejected application.

Does this decision mean that the people who write AI programmes could claim copyright in works created using their software? Probably not – as this would imply that Microsoft could establish copyright in every novel written using Word, especially its grammar and spelling tools.

On the other hand, programmers and software developers who use copyright material to train their models may need to obtain relevant permission from the copyright holders (as would anyone using the AI tools and who uses copyright content as prompts), unless they could claim exemptions under “fair dealing” or “fair use” provisions.

We’re still early in the lengthy process whereby copyright and other intellectual property laws are tested and re-calibrated in the wake of AI. Maybe the outcomes of future copyright cases will depend on whether you are Ed Sheeran or Robin Thicke….

Next week: Customer Experience vs Process Design

 

An AI Origin Story

Posted on by
Reply

Nowadays, no TV or movie franchise worth its salt is deemed complete unless it has some sort of origin story – from “Buzz Lightyear” to “Alien”, from “Mystery Road” to “Inspector Morse”. And as for “Star Wars”, I’ve lost count as to which prequel/sequel/chapter/postscript/spin-off we are up to. Origin stories can be helpful in explaining “what came before”, providing background and context, and describing how we got to where we are in a particular narrative. Reading Jeanette Winterson’s recent collection of essays, “12 Bytes”, it soon becomes apparent that what she has achieved is a tangible origin story for Artificial Intelligence.

Still from “Frankenstein” (1931) – Image sourced from IMDb

By Winterson’s own admission, this is not a science text book, nor a reference work on AI. It’s a lot more human than that, and all the more readable and enjoyable as a result. In any case, technology is moving so quickly these days, that some of her references (even those from barely a year ago) are either out of date, or have been superceded by subsequent events. For example, she makes a contemporaneous reference to a Financial Times article from May 2021, on Decentralized Finance (DeFi) and Non-Fungible Tokens (NFTs). She mentions a digital race horse that sold for $125,000. Fast-forward 12 months, and we have seen parts of the nascent DeFi industry blow-up, and an NFT of Jack Dorsey’s first Tweet (Twitter’s own origin story?) failing to achieve even $290 when it went up for auction, having initially been sold for $2.9m. Then there is the Google engineer who claimed that the Lamda AI program is sentient, and the chess robot which broke its opponent’s finger.

Across these stand-alone but interlinked essays, Winterson builds a consistent narrative arc across the historical development, current status and future implications of AI. In particular, she looks ahead to a time when we achieve Artificial General Intelligence, the Singularity, and the complete embodiment of AI, and not necessarily in a biological form that we would recognise today. Despite the dystopian tones, the author appears to be generally positive and optimistic about these developments, and welcomes the prospect of transhumanism, in large part because it is inevitable, and we should embrace it, and ultimately because it might the only way to save our planet and civilisation, just not in the form we expect.

The book’s themes range from: the first human origin stories (sky-gods and sacred texts) to ancient philosophy; from the Industrial Revolution to Frankenstein’s monster; from Lovelace and Babbage to Dracula; from Turing and transistors to the tech giants of today. There are sections on quantum physics, the nature of “binary” (in computing and in transgenderism), biases in algorithms and search engines, the erosion of privacy via data mining, the emergence of surveillance capitalism, and the pros and cons of cryogenics and sexbots.

We can observe that traditional attempts to imagine or create human-made intelligence were based on biology, religion, spirituality and the supernatural – and many of these concepts were designed to explain our own origins, to enforce societal norms, to exert control, and to sustain existing and inequitable power structures. Some of these efforts might have been designed to explain our purpose as humans, but in reality they simply raised more questions than they resolved. Why are we here? Why this planet? What is our destiny? Is death and extinction (the final “End-Time”) the only outcome for the human race? Winterson rigorously rejects this finality as either desirable or inevitable.

Her conclusion is that the human race is worth saving (from itself?), but we have to face up to the need to adapt and continue evolving (homo sapiens was never the end game). Consequently, embracing AI/AGI is going to be key to our survival. Of course, like any (flawed) technology, AI is just another tool, and it is what we do with it that matters. Winterson is rightly suspicious of the male-dominated tech industry, some of whose leaders see themselves as guardians of civil liberties and the saviours of humankind, yet fail to acknowledge that “hate speech is not free speech”. She acknowledges the benefits of an interconnected world, advanced prosthetics, open access to information, medical breakthroughs, industrial automation, and knowledge that can help anticipate danger and avert disaster. But AI and transhumanism won’t solve all our existential problems, and if we don’t have the capacity for empathy, compassion, love, humour, self-reflection, art, satire, creativity, imagination, music or critical thinking, then we will definitely cease to be “human” at all.

The Bibliography to this book is an invaluable resource in itself – and provides for a wealth of additional reading. One book that is not listed, but which might be of interest to her readers, is “Chimera”, a novel by Simon Gallagher, published in 1981 and subsequently adapted for radio and TV. Although this story is about genetic engineering (rather than AI), nevertheless it echoes some of Winterson’s themes and concerns around the morals and ethics of technology (e.g., eugenics, organ harvesting, private investment vs public control, playing god, and the over-emphasis on the preservation and prolongation of human lifeforms as they are currently constituted). Happy reading!

Next week: Digital Perfectionism?

 

“What Should We Build?”

Posted on by
Reply

Over the past week, the Leader of the Federal Opposition has been asking a series of questions on Twitter and elsewhere, about “what should Australia be building?”. As well as building the foundations of Labor’s Federal Election policy platform for boosting jobs in the manufacturing sector, it also provides lots of photo ops for pollies in hard hats and hi-viz clothing. (I do wonder why the potential Prime Minister hasn’t thought of this idea before, or why he appears to not know the answer – isn’t that his job? It also makes me wonder whether we need Parliament anymore, since our elected representatives prefer to conduct their “debates” via Social Media and Press Conferences…. it would save a lot of time and money!)

By this time next year, Albo could be PM (Photo sourced from Twitter)

There has been no shortage of suggestions from the Twitterati, which fall into the following main categories:

  • Renewable energy
  • Trains
  • Trams
  • Ferries
  • High-end engineering

But there has also been commentary around Labor’s ambivalence on the coal and gas sector (especially in the key state of Queensland), and the irony that we export cheap raw materials and import expensive finished goods. Then there is debate on the amount of local manufacturing content that already exists in Australia’s state-based trains and urban trams/light rail systems (skewed by the question of local vs foreign ownership). Plus, there’s the thorny issue of high-speed inter-city trains…

As I commented recently, the manufacturing sector accounts for fewer than 1m local jobs (less than 10% of the working population), and 6% of GDP. It has been declining steadily as a contributor to GDP since the 1960s, and more rapidly in recent years since we abandoned key subsidies to the car industry. I don’t think anyone is suggesting we return to the days of metal bashing and white goods. And while we’ve got to be selective about the type of manufacturing base we want to to develop, we also have to be realistic about the manufacturing capabilities we want to encourage and enhance.

The latter involves developing transferable skills, creating interoperable production lines, deploying modular designs and inter-changeable components, and recycling/repurposing. All of which should mean we don’t need to make every part of every item domestically, but we know how to assemble, service, maintain, repair and replace goods locally, and we can focus on adding value that can be fed back into the supply chain, which in turn can be exported (via know-how and services). Australia has some decent research and development capabilities, but we are not always very good at raising domestic investment, or commerciliasing our IP (so this value ends up being transferred overseas, with little to no return accruing locally).

I’m not a huge fan of simplistic “buy local goods/support local jobs” campaigns, or local content quotas. The former can degenerate into trade protectionism and economic nationalism; while the latter tend to favour inefficient incumbents within cozy duopolies (see the broadcasting and media sector). The current debate has also raised questions about procurement policies, and I for one would welcome a total revamp of government IT purchasing and deployment at Federal, State and LGA levels.

There’s also the consumer angle: Australians are notoriously “cost conscious”, so will they be prepared to pay more for locally-made goods, even if they are better designed, well-made and energy efficient, compared to cheaper, less-sustainable imports? (This is also linked to the question of wage growth and restrictive trade practices.)

The recent pandemic has highlighted some challenges for the structure of the local economy:

  • Disruption to distribution networks and supply chain logistics
  • Food security
  • Energy self-sufficiency
  • Inability to service equipment locally or source spare parts
  • Different standards across the States
  • Medicine and vaccine manufacture, sourcing and distribution

For an up-to-date perspective on where Australian manufacturing policy needs to be heading, I recommend taking a look at the Productivity Commission’s latest submission to a current Senate enquiry. (Am I alone in thinking that the PC, along with the ACCC, is doing more to develop and advance economic policy than our elected representatives?)

The PC’s submission addresses a number of key points:

  • R&D incentives are hampered by complex tax treatment
  • Policies (and subsidies) favouring one industry create uncertainty for others
  • Need for IP reform (especially “fair use” of copyright)
  • The National Interest test needs clarifying
  • More effort on up-skilling through more relevant education and training
  • The role of manufacturing capabilities in supporting supply chain infrastructure

Finally, while I agree that there needs to be some focus on renewable energy and public transport, we should not ignore food and agriculture, bio-tech, IT, automation, robotics, materials science and other high-end capabilities in specialist design, engineering and recycling (including reclaiming precious minerals from obsolete equipment).

(And did I mention the “Innovation Agenda” and the revolving door at the Federal Ministry?)

Next week: Dead Pop Stars

No-code product development

Posted on by
Reply

Anyone familiar with product development should recognise the image below. It’s a schematic for a start-up idea I was working on several years ago – for an employee engagement, reward and recognition app. It was the result of a number of workshops with a digital agency covering problem statements, user scenarios, workflow solutions, personas, UX/UI design and back-end architecture frameworks.

At the time, the cost quoted to build the MVP was easily 5-6 figures – and even to get to that point still required a load of work on story boards, wire frames and clickable prototypes….

Now, I would expect the developers to use something like a combination of open-source and low-cost software applications to manage the middle-ware functions, dial-up a basic cloud server to host the database and connect to external APIs, and commission a web designer to build a dedicated front-end. (I’m not a developer, programmer or coder, so apologies for any glaring errors in my assumptions…)

The growth in self-serve SaaS platforms, public APIs and low-cost hosting solutions (plus the plethora of design marketplaces) should mean that a developer can build an MVP for a tenth of the cost we were quoted.

Hence the interest in “low-code/no-code” product development, and the use of modular components or stack to build a range of repetitive, automated and small scale applications. (For a dev’s perspective check out Martin Slaney’s article, and for a list of useful resources see Ellen Merryweather’s post from earlier this year.)

There are obvious limitations to this approach: anything too complex, too custom, or which needs to scale quickly may break the model. Equally, stringing together a set of black boxes/off-the-shelf solutions might not work, if there are unforeseen incompatibilities or programming conflicts – especially if one component is upgraded, and there are unknown inter-dependencies that impact the other links in the chain. Which means the product development process will need to ensure a layer of code audits and test environments before deploying into production.

I was reflecting on the benefits and challenges of hermetically sealed operating systems and software programs over the weekend. In trying to downgrade my operating system (so that I could run some legacy third-party applications that no longer work thanks to some recent systems and software “upgrades”), I encountered various challenges, and it took several attempts and a couple of workarounds. The biggest problem was the lack of anything to guide me in advance – that by making certain changes to the system settings, or configuring the software a certain way, either this app or that function wouldn’t work. Also, because each component (the operating system, the software program and the third party applications) wants to defend its own turf within my device, they don’t always play nicely together in a way that the end user wants to deploy them in a single environment.

App interoperability is something that continues to frustrate when it comes to so-called systems or software upgrades. It feels like there needs to be a specialist area of product development that can better identify, mitigate and resolve potential tech debt, as well as navigate the product development maintenance schedule in anticipation of future upgrades and their likely impact, or understand the opportunities for retrofitting and keeping legacy apps current. I see too many app developers abandoning their projects because it’s just too hard to reconfigure for the latest system changes.

Next week: Telstar!