In Law360, White & Case Intellectual Property partners Mark Davies and Anna Naydonov wrote an article on how long the legal questions around artificial intelligence and copyright law will take to reach resolution by evaluating ongoing AI copyright litigation and using the historical example of smartphone patent litigation as a reference.
In evaluating the current AI copyright litigation landscape, the authors noted, "The generative copyright suits involve seven different district courts, and multiple state courts and international tribunals. And in each case, the disappointed party will likely appeal the ruling to the relevant court of appeals."
The authors also suggest that "The smartphone patent wars bear the closest resemblance to what is happening now in AI litigation." And looking at the length of time it took to resolve smartphone patent disputes, they conclude, "It took about 11 years. The iPhone launched in June 2007. Most of the litigation was resolved by 2018. ChatGPT launched in 2022. See you in 2033."
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