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Battling for Corporate Accountability: Grammarly Faces Identity Theft Charges in AI Training While Nintendo Sues US Government

Grammarly is under fire for using expert identities for AI feedback without consent, raising major 'Right of Publicity' concerns. Meanwhile, Nintendo is suing the U.S. government for tariff refunds, and Elon Musk has failed to block a California transparency law. These cases signal a major push for legal accountability in AI ethics, international trade, and data transparency.

Jessy
Jessy
· 2 min read
Updated Mar 8, 2026
A courtroom setting where a digital avatar of a professor is standing at a witness stand, flickering

⚡ TL;DR

Grammarly faces identity theft claims in AI training while Nintendo sues the U.S. government over tariff refunds.

A Crisis of Corporate Ethics

As artificial intelligence and global trade policies undergo rapid transformation, tech giants are finding themselves entangled in unprecedented legal and ethical battles. According to a detailed report by The Verge, the popular writing assistant Grammarly is under fire for allegedly using the identities of experts, including deceased professors, without permission to power its "Expert Review" feature. Simultaneously, gaming giant Nintendo has launched a rare legal challenge against the U.S. government, seeking a refund for millions of dollars paid in tariffs. These events highlight a growing friction between corporate expansion and legal accountability in the digital age.

Grammarly's Identity Controversy

Grammarly’s latest feature purports to provide writing feedback "inspired by" the world's great thinkers and experts. However, investigations by The Verge and Wired revealed that the AI was generating feedback using the actual names of scholars who never consented to their personas being used in such a manner. In one instance, a user found that the AI-generated feedback was attributed to their own boss. Legal scholars argue this constitutes a violation of the "Right of Publicity," as Grammarly is essentially commercializing real identities to enhance its AI products without authorization. This case raises critical questions about whether AI companies can treat human identity as just another data point for training and output.

Nintendo vs. The US Government: The Tariff Refund Battle

In the realm of international trade, Nintendo is leveraging recent Supreme Court precedents to challenge federal authority. TechCrunch reports that Nintendo has filed a lawsuit seeking a refund for tariffs imposed under Section 301 during the Trump administration. The move follows a high-court ruling that limits the executive branch’s power to impose sweeping tariffs without a specific congressional mandate. Nintendo argues that these levies were improperly applied and caused significant financial harm. This lawsuit is being watched closely by thousands of other multinational companies, as a win for Nintendo could trigger a cascade of similar claims and fundamentally reshape U.S. trade policy.

Musk's Defeat in Data Transparency

Elon Musk is also facing legal setbacks regarding transparency. As reported by Ars Technica, a judge has rejected Musk’s attempt to block a California law requiring the disclosure of AI training datasets. Musk had argued that the law would ruin xAI by forcing the release of trade secrets. However, the court ruled that the public’s interest in knowing where AI models derive their information outweighs corporate secrecy concerns. This decision aligns with a broader trend of increased regulatory scrutiny on AI companies. Google Trends shows that interest in "AI Transparency" and "AI Law" has hit a peak score of 87 in California, signaling that the era of "black box" AI development may be coming to an end.

Outlook: Rebuilding the Rule of Law for the Digital Age

The overlapping cases of Grammarly, Nintendo, and xAI represent a pivotal moment for corporate accountability. We are witnessing the legal system’s attempt to catch up with technologies and policies that have outpaced existing frameworks. Whether it is the protection of one's digital likeness or the limits of government intervention in trade, the rulings in these cases will set the ground rules for the next decade of tech and commerce. For corporations, the message is clear: the path to growth must now be paved with transparency and respect for individual and legal boundaries.

FAQ

Grammarly 具體做了什麼引發爭議?

它的 AI 寫作建議功能未經授權使用了真實學者的名字與身份,讓用戶誤以為得到了真人專家的指導,實則是 AI 模仿。

為什麼任天堂現在才起訴政府退稅?

這是基於最高法院最新的判例,該判例限制了政府行政部門在沒有國會明確授權的情況下徵收廣泛關稅的權力。

加州的 AI 數據透明法對企業有什麼影響?

企業(如 xAI)將被迫公開其 AI 模型的訓練數據來源。這雖然增加了透明度,但企業擔心會洩漏技術細節與商業秘密。

已故教授的身份受法律保護嗎?

在多個州,人格權(Right of Publicity)在死後仍受保護,遺屬有權反對將其親人的身份用於商業營利目的。