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Eugene Volokh on AI Libel

The Lawfare Podcast

CHAPTER

The Notice and Blocking Regime in Copyright

In libel law, if there's a libel lawsuit brought by a private figure, that private figure is to show not just false factual assertions, but also negligence. If you're making a negligence lawsuit against OpenAI saying that it negligently defamed you, then you'd need to make those kinds of arguments. And likewise, if OpenAI just ignores these kinds of reports that that chat GPT is producing particular false statements about particular people, than that might be showing of knowledge or recklessness. So hence one possible remedy is this notice and blocking. Once you're on notice, then you have to stop redistributing that. Otherwise, you are acting with reckless disregard of falsehood.

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