In the relatively short time since OpenAI’s ChatGPT was introduced in November 2022, there have been many intriguing and unforeseen consequences related to the technology. ChatGPT, which stands for “chat generative pre-trained transformer,” is an AI-driven application capable of providing detailed information on a vast array of topics in response to a given query. ChatGPT can solve college-level math problems, write a screenplay, and even give travel advice. Predictably, it has also been linked to darker applications; in the hands of cybercriminals, the technology can be used to generate deceptively persuasive phishing emails and build code designed to hack corporate data.

In the course of my career, I have observed a familiar pattern relating to technological innovation. A novel technology sparks an industry-wide shift in business practices, leaving the law to play catch-up thereafter. We saw this in the 1980s, following the introduction of videocassette recording technology and the ensuing legal challenges by the film industry. Although the 1984 Betamax decision dealt an initial blow to the industry, it ultimately opened the door to the huge home-video market. Later, in the early 2000s, a new technology, the MP3 file sharing format, disrupted the music business when Napster utilized it to offer free music to consumers. After trying unsuccessfully to litigate this model out of business, the music industry finally adapted by embracing the streaming model, led by Spotify; and now record labels are enjoying massive profits after suffering several decades of losses.