Comment Re: To be fair (Score 1) 78
Whatâ(TM)s interesting here is that as a professional musician, this guy is a public figure and the âoeactual maliceâ standard for defamation applies â" a standard that was designed when defamation could only be done by a human being.
This requires the defendant to make a defamatory statement either (1) knowing it is untrue or (2) with reckless disregard for the truth.
Neither condition applies to the LLM itself; it has no conception of truth, only linguistic probability. But the LLM isnâ(TM)t the defendant here. Itâ(TM)s the company offering it as a service. Here the company is not even aware of the defamatory statement being made. But it is fully aware of their modelâ(TM)s capacity to hallucinate defamatory âoefactsâ.
I think that because the tort is based in the common law concept of a duty of care, we may well see the company held liable in some way for this kind of thing. But itâ(TM)s new law; it could go the other way.