  We identify several important and unsettled legal questions with profound
ethical and societal implications arising from generative artificial
intelligence (GenAI), focusing on its distinguishable characteristics from
traditional software and earlier AI models. Our key contribution is formally
identifying the issues that are unique to GenAI so scholars, practitioners, and
others can conduct more useful investigations and discussions. While
established legal frameworks, many originating from the pre-digital era, are
currently employed in GenAI litigation, we question their adequacy. We argue
that GenAI's unique attributes, including its general-purpose nature, reliance
on massive datasets, and potential for both pervasive societal benefits and
harms, necessitate a re-evaluation of existing legal paradigms. We explore
potential areas for legal and regulatory adaptation, highlighting key issues
around copyright, privacy, torts, contract law, criminal law, property law, and
the First Amendment. Through an exploration of these multifaceted legal
challenges, we aim to stimulate discourse and policy considerations surrounding
GenAI, emphasizing a proactive approach to legal and ethical frameworks. While
we refrain from advocating specific legal changes, we underscore the need for
policymakers to carefully consider the issues raised. We conclude by
summarizing key questions across these areas of law in a helpful table for easy
reference.
