Dana Rao’s Post

Following my earlier post on TOUs which indirectly references Adobe's TOU rollout, for completeness I am posting my ex-colleague Dana Rao 's clarification below. As someone who drafted many of Microsoft's EULAs and TOUs, it is a difficult undertaking thinking of every possible use case and licensing scenario. I had to spend hundreds of hours speaking with the business and product development teams to understand the product before I could express the commercial intent. Computing was much simpler back in the day. Privacy and AI issues were still nascent with privacy "policies" parked in a separate Privacy Notice. The difference being that a EULA/TOU was a binding contract whereas a policy was just that and subject to unilateral change. With privacy and AI concerns now coming to the fore and the technology and use cases developing very rapidly, privacy concerns are resulting in protections being baked into the TOU. Something easier said than done when the only constant now is change. Software companies do not want to keep popping updated TOUs requiring users to agree to them but it seems to be an inevitable result of having to address the market and user concerns. Microsoft Vista was the first Windows EULA to be written in plain English (only I would know that!) and to the extent possible, I would encourage legal colleagues to use plain English in all contractual documents especially consumer facing agreements.

Following my earlier post on TOUs which indirectly references Adobe's TOU rollout, for completeness I am posting my ex-colleague Dana Rao 's clarification below. As someone who drafted many of Microsoft's EULAs and TOUs, it is a difficult undertaking thinking of every possible use case and licensing scenario. I had to spend hundreds of hours speaking with the business and product development teams to understand the product before I could express the commercial intent. Computing was much simpler back in the day. Privacy and AI issues were still nascent with privacy "policies" parked in a separate Privacy Notice. The difference being that a EULA/TOU was a binding contract whereas a policy was just that and subject to unilateral change. With privacy and AI concerns now coming to the fore and the technology and use cases developing very rapidly, privacy concerns are resulting in protections being baked into the TOU. Something easier said than done when the only constant now is change. Software companies do not want to keep popping updated TOUs requiring users to agree to them but it seems to be an inevitable result of having to address the market and user concerns. Microsoft Vista was the first Windows EULA to be written in plain English (only I would know that!) and to the extent possible, I would encourage legal colleagues to use plain English in all contractual documents especially consumer facing agreements.

Proprietary source code can be one of the most valuable assets a company has, and with the introduction of generative #articialintelligence, the creation and evolution of source code has increased at an exponential rate. This edition of the series addresses ownership challenges for businesses using AI-generated code.

[In every regulatory & compliance space there are 3 positions: Laggard, Citizen and Leader. Laggards believe violations are a cost of doing business. Citizens attempt to comply, but no more. Leaders set the pace and force rivals to catch up.] How Adobe’s bet on non-exploitative AI is paying off https://lnkd.in/eMZ2E-FT

I couldn't be more excited to share that it's here! Our AI-powered video editor is the future of editing. Check out how we're changing the game Socialive and how you can get your hands on our powerful Editor https://lnkd.in/g8xbiC6a

Are you curious about how Text-to-Speech (TTS) can transform your digital content? Dive into our latest blog post to understand the meaning, applications, and benefits of TTS technology. Whether you're looking to enhance accessibility, improve user engagement, or simply learn more about this fascinating technology, our blog has got you covered. Read our detailed post here: https://lnkd.in/dZFcWttw

Divide by zero, and what happens?  There is no answer, at least no one right answer.  Type “cars” into Google, and what happens?  There are lots of answers, but no one right answer.  “NORA”, or “no one right answer” was coined in Google Bard’s demo, and is a useful  concept for understanding how context is relevant to LLMs (large language models). For example, an internet search of “cars” could turn up car reviews, songs by the band named “The Cars”, used cars near you or even a review of the Pixar movie - all dependent on context.  Without context, there is no one right answer.  Okay, how do we understand and use context?  Simple - it’s the need that you satisfy.  Your potential clients are online to answer a question or solve a problem.  Understand your client’s questions, problems and pain points, and you understand the context.  Understand the context, make that context the focal point of your online content and NORA disappears for your future customers - because you just became the “one right answer.” #innovation  #management  #digitalamarketing  #technology  #creativity  #marketing #searchengineoptimization

"under section 10.4 of the updated terms, Zoom has secured a "perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license" to redistribute, publish, access, use, store, transmit, review, disclose, preserve, extract, modify, reproduce, share, use, display, copy, distribute, translate, transcribe, create derivative works, and process Customer Content." https://lnkd.in/gSjSKrMM

Use of AI for marketing and coding is growing quickly. Do you know if your employees are creating patentable or copyrightable works? SOFTWAREcolorado hosted a very insightful and informative event on October 25 at the Perkins Coie LLP offices titled "Artificial Intelligence in the Workplace." Peter Kinsella and Sean Belding were the presenters and shared a lot of good information. An example is explaining the implications of "Copyrights Kashtanova Copyright Right Office Ruling - Zarya of the Dawn (Registration # VAu001480196)." If you haven't already set up workshops about this topic with your managers, I would suggest reaching out to experts like Peter and Sean and getting something scheduled, before your company IP is unprotected.

“Most of the organizations that try to comingle creativity with technology have not been very successful,” says Pradeep Chelpati, Global Chief Technology Officer at Code and Theory.   But digital-first agency Code and Theory are doing things a little differently—creating a tech-forward culture with cross-functional knowledge held together by product-management glue.   Here's more on how agencies can forge stronger creative-technology alliances: https://lnkd.in/eYBFRQ6R