Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators?

This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. On episode one, we learned about the lawsuits filed against AI companies that trained their large language models on copyrighted work without permission. Now we'll learn about the legal defense that could give the AI companies a pass to continue scraping up whatever content they want, copyright-protected or not.

Guests:

• Matthew Butterick, founder at Butterick Law, and co-counsel with the Joseph Saveri Law Firm on class-action lawsuits against OpenAI and others
• Isaiah Poritz, technology reporter for Bloomberg Law
• Matthew Sag, professor of law and artificial intelligence, machine learning and data science at Emory University School of Law
• Mark Lemley, professor of law at Stanford Law School and the director of the Stanford Program in Law, Science and Technology, who is also representing Meta and Stability AI in the copyright cases against them
• James Grimmelmann, professor of digital and information law at Cornell Tech and Cornell Law School

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Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators?

This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. Episode one examines how large language models actually ingest and learn from billions of online data points, including copyrighted works. And we explore the lawsuits filed by creators who claim their copyrights were exploited without permission to feed the data-hungry algorithms powering tools like ChatGPT.

Guests:

• Matthew Butterick, founder at Butterick Law, and co-counsel with the Joseph Saveri Law Firm on class-action lawsuits against OpenAI and others
• Isaiah Poritz, technology reporter for Bloomberg Law
• James Grimmelmann, professor of digital and information law at Cornell Tech and Cornell Law School

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When Scott Griffin visited the Haunted Trail, he expected to be scared. But he did not expect what happened after he thought the scare was over.

This special Halloween episode of UnCommon Law tells the true story of a man terrorized by a haunted house attraction. Griffin bought a ticket to a haunted house — but ended up getting more than he bargained for: two broken wrists. He sued for negligence and assault. Can someone who paid to be frightened sue when things go too far? 

Guests:

• P. Christopher Ardalan, attorney at Ardalan & Associates, PLC
• Larry Levine, law professor at the University of the Pacific McGeorge School of Law

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In the conclusion of UnCommon Law's season-long exploration of noncompete agreements, we look at the Federal Trade Commission's authority to ban the clauses nationwide.

We’ve reviewed how the ban would work and explored the policy arguments for and against it. Now we delve into a more fundamental question: Does the FTC even have the power to make a substantive rule like this one?

It's been 50 years since the DC Circuit Court of Appeals ruled that the FTC has substantive rulemaking power. We’ll learn about that case — National Petroleum Refiners Association v. FTC — we’ll find out why it’s so important to the FTC, and we’ll hear why many believe it would not turn out the same way today.

But that's not all! Even if courts follow National Petroleum, could the FTC get past the major questions doctrine?

The season finale of UnCommon Law features:

• Richard Pierce, professor at the George Washington University Law School
• Dan Papscun, antitrust reporter for Bloomberg Law
• Sean Heather, senior vice president at the U.S. Chamber of Commerce
• Sandeep Vaheesan, legal director at the Open Markets Institute
• Orly Lobel, professor at the University of San Diego School of Law
• Matt's baby

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The Supreme Court has effectively ended the use of race as a factor in college admissions.

In a 6-3 ruling, along ideological lines, the divided Supreme Court struck down the admissions programs of Harvard and the University of North Carolina, which both used race as a factor in their admissions process.

Today, on this special edition of UnCommon Law, we’ll learn how the court came to its decision. And: Did the majority leave the door open for colleges to still consider race in some circumstances? We’ll learn why some supporters of affirmative action still have a glimmer of hope.

Featuring:

• Ted Shaw — Professor at the University of North Carolina, and past president of the NAACP’s Legal Defense Fund
• Michelle Adams — Professor at the University of Michigan Law School
• Lee Bollinger — Outgoing president of Columbia University, and former president of the University of Michigan
• Edward Blum, president of Students for Fair Admissions

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In its proposal to ban noncompete agreements nationwide, the Federal Trade Commission has touted the potential benefits to workers and the economy. But how would a ban impact business owners?

This week on UnCommon Law, part four of our series on the agency's proposal. Why are so many business owners so adamant that they need to be able to use noncompetes, even when other legal tools — like trade secret laws and nonsolicitation agreements — might protect companies without limiting employee mobility?

Featuring:

• Russell Beck, trade secrets and employment mobility lawyer; founder at Beck Reed Riden LLP
• Paul Dacier, EVP and general counsel at Indigo Agriculture; formerly EVP and general counsel at EMC Corporation
• Syreeta Mitchell, president and CEO of MPower Logistics

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California is one of just three states where noncompete agreements are almost completely banned. California is also the home of Silicon Valley, the global hub of technological innovation. Is that just a coincidence? Or would Silicon Valley be as successful even if noncompete agreements were allowed?

This week on UnCommon Law, part three of our ongoing series on the Federal Trade Commission's proposal to ban noncompete agreements nationwide. Is California’s ban on noncompete agreements really a key component to Silicon Valley’s success?

Guests:

• Evan Starr, professor at University of Maryland
• Margaret O'Mara, professor at the University of Washington
• Ronald Gilson, professor emeritus at Columbia Law School and Stanford Law School
• David Schultz, host of Bloomberg Law's On the Merits

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This week on Uncommon Law: the second episode in our podcast series about the Federal Trade Commission’s proposed nationwide ban on noncompete agreements. We’ll look at one Minnesota hair salon and see how noncompete agreements often play out in the real world. What happens when employees leave the hair salon and try to strike out on their own?

Guests:

• Heidi Hautala, a hair stylist in Minnesota 
• Evan Starr, professor at University of Maryland
• Emily Olson, a hair stylist in Minnesota
• Kylee Simonson, owner of Simonson's Salon & Spa
• Chris Penwell, attorney at Siegel Brill

The case discussed in this episode is Simonson's Salon and Spa vs. Heidi Hautala, Docket No. 27-CV-15-5647 (Minn. Dist. Ct. Apr 03, 2015)

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This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals of the last half century: a near-total nationwide ban on noncompete clauses. We’ll examine arguments for the ban, and talk to workers who’ve had their livelihoods crushed by oppressive covenants not to compete. We’ll look at arguments in favor of keeping noncompetes, and talk with business owners who say they’re crucial for keeping trade secrets confidential and protecting business relationships. Finally, we’ll explore a more fundamental question: Does the FTC even have the legal authority to do this?

Our first episode explores how this unprecedented proposal came to be. To understand just how out-of-the-ordinary this proposal is, we'll journey into the history of the agency, whose past rulemakings got them labeled the "national nanny" by the Washington Post, and led to threats of defunding.

Guests:

• Emily Olson, hair stylist
• Leah Nylen, Bloomberg News reporter
• Sandeep Vaheesan, legal director of the Open Markets Institute
• Evan Starr, professor at the University of Maryland

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This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals in modern history: a nationwide ban on noncompete clauses. Coming May 31st.

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It’s been almost 20 years since Justice Sandra Day O’Connor, intentionally or not, set an affirmative action countdown in motion. On Oct. 31, the Supreme Court heard arguments that Harvard and the University of North Carolina go too far in their use of race in admissions. Will the diversity rationale — the heart of affirmative action defenses since 1978 — convince this staunchly conservative court?

Also, while diversity has been the reason affirmative action has survived legal tests — was it ever the best reason, under the Constitution, for affirmative action? Or have advocates been hamstrung by an argument that doesn't go far enough?

Are race-conscious admissions policies about to fall? The conclusion to our four-part series on affirmative action at the Supreme Court.

Guests:

• Edward Blum, president of Students for Fair Admissions
• William Lee, partner at WilmerHale
• Kimberly Robinson, Supreme Court reporter for Bloomberg Law
• Lee Bollinger, president of Columbia University
• Ted Shaw, professor at the University of North Carolina School of Law
• Michelle Adams, professor at the University of Michigan Law School

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