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With an AI, you don't know what it is that the AI doesn't know. A trivial example: Some "nondisclosure" agreements (NDAs) also include invention-assignment agr
by dctoedt 8y ago
With an AI, you don't know what it is that the AI doesn't know. A trivial example: Some "nondisclosure" agreements (NDAs) also include invention-assignment agreements [0] and/or non-competition covenants. I'll recognize such provisions if I see one in a putative NDA, but I don't know whether the AI will recognize it. Sure, the AI could provide a list of everything that it does know, but when I review the list, I won't necessarily notice that a missing item is missing.
[0] Stanford University got trapped by an invention-assignment agreement contained in an "NDA" that one of its researchers signed when he visited someone at Roche — see https://en.wikipedia.org/wiki/Stanford_University_v._Roche_Molecular_Systems,_Inc https://en.wikipedia.org/wiki/Stanford_University_v._Roche_M....
- deleted 8y ago[deleted]
- JumpCrisscross 8y ago> I don't know whether the AI will recognize it This sounds like the easier work. Capture what you expect and flag every deviation for human review.
- caffeine5150 8y agoThis is an important point, although I can imagine AI could be trained to spot things that don't belong or are unusual provisions in an NDA. This may be what you're getting at, but it's easy in a contract review to focus on reacting to what's there and it's harder to know what's missing. An NDA is a relatively simple, cookie-cutter types of agreement with widely agreed elements. Other agreements not so much. How would AI figure out what's missing?
- dctoedt 8y ago> How would AI figure out what's missing? That's an important point, but I assume an AI would use some sort of checklist, perhaps seeded by human lawyers, to spot expected-but-missing provisions.