AI vs IP

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

 

The Limits of Technology

As part of my home entertainment during lock-down, I have been enjoying a series of Web TV programmes called This Is Imminent hosted by Simon Waller, and whose broad theme asks “how are we learning to live with new technology?” – in short, the good, the bad and the ugly of AI, robotics, computers, productivity tools etc.

Niska robots are designed to serve ice cream…. image sourced from Weekend Notes

Despite the challenges of Zoom overload, choked internet capacity, and constant screen-time, the lock-down has shown how reliant we are upon tech for communications, e-commerce, streaming services and working from home. Without them, many of us would not have been able to cope with the restrictions imposed by the pandemic.

The value of Simon’s interactive webinars is two-fold – as the audience, we get to hear from experts in their respective fields, and gain exposure to new ideas; and we have the opportunity to explore ways in which technology impacts our own lives and experience – and in a totally non-judgmental way. What’s particularly interesting is the non-binary nature of the discussion. It’s not “this tech good, that tech bad”, nor is it about taking absolute positions – it thrives in the margins and in the grey areas, where we are uncertain, unsure, or just undecided.

In parallel with these programmes, I have been reading a number of novels that discuss different aspects of AI. These books seem to be both enamoured with, and in awe of, the potential of AI – William Gibson’s “Agency”, Ian McEwan’s “Machines Like Me”, and Jeanette Winterson’s “Frankissstein” – although they take quite different approaches to the pros and cons of the subject and the technology itself. (When added to my recent reading list of Jonathan Coe’s “Middle England” and John Lanchester’s “The Wall”, you can see what fun and games I’m having during lock-down….)

What this viewing and reading suggests to me is that we quickly run into the limitations of any new technology. Either it never delivers what it promises, or we become bored with it. We over-invest and place too much hope in it, then take it for granted (or worse, come to resent it). What the above novelists identify is our inability to trust ourselves when confronted with the opportunity for human advancement. Largely because the same leaps in technology also induce existential angst or challenge our very existence itself – not least because they are highly disruptive as well as innovative.

On the other hand, despite a general shift towards open source protocols and platforms, we still see age-old format wars whenever any new tech comes along. For example, this means most apps lack interoperability, tying us into rigid and vertically integrated ecosystems. The plethora of apps launched for mobile devices can mean premature obsolescence (built-in or otherwise), as developers can’t be bothered to maintain and upgrade them (or the app stores focus on the more popular products, and gradually weed out anything that doesn’t fit their distribution model or operating system). Worse, newer apps are not retrofitted to run on older platforms, or older software programs and content suffer digital decay and degradation. (Developers will also tell you about tech debt – the eventual higher costs of upgrading products that were built using “quick and cheap” short-term solutions, rather than taking a longer-term perspective.)

Consequently, new technology tends to over-engineer a solution, or create niche, hard-coded products (robots serving ice cream?). In the former, it can make existing tasks even harder; in the latter, it can create tech dead ends and generate waste. Rather than aiming for giant leaps forward within narrow applications, perhaps we need more modular and accretive solutions that are adaptable, interchangeable, easier to maintain, and cheaper to upgrade.

Next week: Distractions during Lock-down

 

 

 

 

 

 

FinTech Exchange, Chicago

Now in its fourth year, Barchart’s FinTech Exchange* event seems largely designed to address the specific needs of the Chicago trading community: technology and data vendors; brokers and intermediaries; and commodities, futures and derivatives markets – with an emerging thread of Blockchain and crypto.

In fact, the Keynote Speaker, Dr. Richard Sandor, spoke of Blockchain as being as significant as the invention of double-entry bookkeeping, the launch of stock markets, the introduction of electronic trading, and the creation of financial derivatives combined.

Other topics included: the evolution of global financial markets; the threat or potential of enterprise Blockchain and FinTech solutions; the role of cryptocurrency exchanges; understanding big data and data analytics; deploying AI and machine learning within FinTech; and the rapid expansion of API solutions as products and services in their own right (not just as a means of data delivery).

There was also a panel discussion with the winners of the previous day’s Startup Exchange pitch event.

On behalf of Brave New Coin, I ran a series of round-table discussions on the current state of cryptocurrencies, token sales and digital assets; and the prospect of so-called security tokens (a topic which is sure to feature in this blog in coming months).

Finally, the notion of “alt data” is gaining attention, and not just among hedge funds. In part a by-product of big data (how to make sense of all this data), alt data is set to become the high-octane fuel for generating yield (if data is the new oil).

* Declaration of interest: Barchart syndicates Brave New Coin news and technical analysis content

Next week: Corporate purpose, disruption and empathy

 

Startup Vic’s EdTech Pitch Night

EdTech or EduTech? Even Startup Vic can’t seem to decide. Whatever, this education-themed pitch night was the latest event in their highly popular monthly events, held in conjunction with Education Changemakers, and EduGrowth.

Apart from the naming convention, there is also some clarification needed around the scope and definition of “education(al) technology”. First, because it’s a very broad spectrum (does it include e-learning, e-books, MOOCS, LMS?). Second, is it more about the “delivery” than “outcomes”? Third, is it only about formal pedagogy, or does it also include discretionary, self-directed and non-curriculum learning?

And so to the pitches, in the order they presented:

Become

With the aim of “teaching kids to explore, design and navigate their future“, Become is essentially a platform for early-stage career coaching. While their app is still in development (although there is a bot in use already?), Become has been running in-person workshops and other programs to test and validate the concept. The solution uses AI and machine learning technology, but it wasn’t very clear how this will actually work – maybe there are some core profiling and preference tools, some career mapping based on proprietary algorithms, and recommendation engines drawing on the data analysis?

Using a freemium model, the full service will cost $40 per student per annum. The core audience are years 5 to 8, and part of the schools adoption strategy will focus on getting high school career advisers on-board, with additional parent advocacy.

I’ve no doubt that career advice is an important part of the syllabus, but just as important are life-long learning, resilience, adaptability, and developing self-awareness and a sense of purpose. But if nothing else, in the words of the founder, Become puts the “why” back into learning.

MoxieReader

This digital reading log is all about “inspired independent reading“. Supplementing the paper-based records widely in use, the app enables children to record their reading activity, and helps teachers to assess pupils’ reading progress, based on the titles and numbers of books read, and their associated word counts and vocabulary. (In future, the app may deliver content and instructional aids.)

Using a machine learning algorithm (“like a fitness tracker”), the app can set reading challenges, and measure reading growth. Tests may be another add-on, but from what I can see, the app does not test for comprehension or context-based reading and interpretation skills. (After all “reasoning” is the 4th “R” of education – along with reading, writing and arithmetic.)

Currently launching with an ambitious social media and outreach campaign, MoxieReader already has paid sign ups from teachers, many of whom are paying with their personal credit card, and is enjoying a 30% conversion rate, and 30% referral business.

Priced at $7 for teachers per class per month, plus $100 per school/building per month (individual teachers who already subscribed will get a rebate), there is also an opt-in donation model for parents to recycle used books.

Cogniss

This is a development platform and market place for education apps. Built on game based learning and rewards packages, it also makes use of analytics and data insights to help teachers and designers build their own products.

Having seen a demand among health and well-being users, the platform is also suited for apps designed to support behavioral change, workplace learning and social learning.

Access to the platform involves a $500 set up fee, plus $50 per month per app (plus scale rates by number of users and advanced add-ons).

The platform also supports micro-transactions, for downloaded content and apps. At present, there is no formal process for teachers to embed pedagogy into the game structure. Content vetting is also a manual process, combined with experience sharing and peer ratings – but a content certification process is in the pipeline.

Revision Village

Helping students to prepare for external exams (specifically, the IB maths) this product replaces traditional in person and in class programs, with an online resource.
Also, although revision practice largely relies on past test papers, the founders have identified a chasm between the concepts taught, and the questions asked.

Developed in response to teacher demand, this subscription-based learning resource has
translated into higher results and fewer fails.

The platform is looking to extend the curriculum beyond maths, but this will largely depend on being able to license content from the relevant examination boards and syllabus providers, such as the IB.

Access is not dependent upon being logged into a school network or intranet, as it is only a web app (with individual and site licenses).

The Revision Village website claims the product is used by “More than 32,000 IB Students and 710 IB Schools”. However, it would seem that not all of these are paid-for subscriptions, as the pitch mentioned a critical mass would be 100 schools (out of a total of 2,500 IB schools) paying $2,000 each (although this is separate to the parent market).

 

Overall, I liked the tone and format of the pitches –  the products all seemed worthy endeavours, and the founders are no doubt passionate about education and learning. But I was left feeling underwhelmed, by both the content and the tech being deployed. (I guess I needed more than just passing references to “AI, machine learning and algorithms”.) All of these products rely on significant adoption rates among schools – which are some of the hardest institutional customers to sell to – and to be successful in international markets presents a further challenge, given differences of language, content and educational systems.

In the end, even the judges found it hard to pick a winner, as there was a tie for 1st place, between Become and MoxieReader. I would probably concur, as they had the edge in terms of both individual learning outcomes, and broader educational benefits.

Next week: Copyright – Use It Or Lose It?