Showing archive for: “Copyright”
Copy, Paste, Compensate: Nigeria’s Misguided Bid to Make Big Tech Pay for News
Nigeria has looked south and seen a $40 million payday for the press. The trouble is that it misread both the price tag and the fine print—and its attempt to collect may leave Nigerian publishers with fewer readers and no comparable payday. On July 6, Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) announced investigations ... Copy, Paste, Compensate: Nigeria’s Misguided Bid to Make Big Tech Pay for News
Much Ado About No News: Australia’s Latest Plan to Make Platforms Pay
Australia’s latest plan to make digital platforms pay for journalism has an unusual feature. A platform can owe money even if it carries no journalism at all. The government calls this an “incentive.” On Aug. 3, the Australian government finalized legislation establishing the News Bargaining Incentive (NBI). The government first proposed the NBI in December ... Much Ado About No News: Australia’s Latest Plan to Make Platforms Pay
WarGames, Shopping Bots, and the Statute Trap: The CFAA and Amazon v Perplexity
When the 9th U.S. Circuit Court of Appeals hears oral argument later today in Amazon.com Services LLC v. Perplexity AI, Inc., it will confront a novel question: how should the Computer Fraud and Abuse Act (CFAA), a statute designed to punish computer break-ins, apply to an AI agent that browses the web on a user’s ... WarGames, Shopping Bots, and the Statute Trap: The CFAA and Amazon v Perplexity
C’est Presumé: France’s AI Copyright Shortcut
Generative AI strains nearly every layer of copyright law. Policymakers have focused most on one pressure point: the use of copyrighted works to train AI models. Fitting that practice into a legal framework that supports both creative industries and the AI sector has proved difficult. Against that backdrop, a recent French Senate proposal would add ... C’est Presumé: France’s AI Copyright Shortcut
Decorative Safe Harbors: The Judicial Hollowing-Out of Intermediary Accountability
The U.S. Supreme Court just made it much harder to hold at least some internet intermediaries liable for what their users do. And in the process, it may have made key statutory safe harbors largely irrelevant. The Court’s unanimous reversal of the billion-dollar copyright verdict against Cox Communications has drawn predictable headlines. Some commentators cast ... Decorative Safe Harbors: The Judicial Hollowing-Out of Intermediary Accountability
Guardrails, Not Roadblocks: Improving the AI Framework
Washington has a choice: let AI policy fragment into 50 competing regimes, or set a clear federal baseline that keeps innovation moving. The Trump administration’s new artificial intelligence (AI) legislative framework stakes out the latter path—but leaves important gaps. The framework sketches broad principles to guide federal policymaking on a technology at risk of a ... Guardrails, Not Roadblocks: Improving the AI Framework
‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,’ by Guido Calabresi & A. Douglas Melamed
Guido Calabresi and Doug Melamed’s 1972 classic “One View of the Cathedral” sets up a framework that is now standard fare for first-year law students. First-years spend their early months trying to figure out what they are doing and why they shuffle from property class to torts class. They hear terminology utterly new to them ... ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,’ by Guido Calabresi & A. Douglas Melamed
The PRO Codes Act and the Perils of Surreptitious Compulsory Licensing
Congress’ latest foray into copyright and administrative law, the Promoting Responsible and Open Codes Act (PRO Codes Act), has surfaced a longrunning tension in the world of standards development. On its face, the bill appears benign—ensuring that, when private standards are incorporated by reference into law, citizens can access them for free. But beneath this ... The PRO Codes Act and the Perils of Surreptitious Compulsory Licensing
Complaint Claims Meta Is a Porn Pirate: Will Strike 3 Strike Out?
A company that has filed more than 6,000 copyright lawsuits against individual defendants—quickly settling most for amounts carefully calculated below the cost of defense—has now set its sights on Meta, a corporation worth more than $1 trillion. Strike 3 Holdings’ recent lawsuit against the tech giant alleging widespread piracy for training of artificial intelligence represents ... Complaint Claims Meta Is a Porn Pirate: Will Strike 3 Strike Out?
Bartz v. Anthropic: Mapping Fair-Use Boundaries in the Age of Generative AI
In a nuanced decision that nonetheless could serve to shape the intersection of copyright law and artificial intelligence for the foreseeable future, Judge William Alsup of the U.S. District Court for the Northern District of California finds that “the purpose and character of using copyrighted works to train LLMs to generate new text was quintessentially ... Bartz v. Anthropic: Mapping Fair-Use Boundaries in the Age of Generative AI
Misreading Machines: How the Copyright Office’s Report Undermines Generative AI
In a preview of its forthcoming report on copyright and artificial intelligence, the U.S. Copyright Office has unveiled a pre-publication draft of the report’s section on generative-AI training. The draft reflects a concerning tendency toward uncertainty and overreach, giving short shrift to the substantial arguments in favor of AI developers and deployers and notably discounting ... Misreading Machines: How the Copyright Office’s Report Undermines Generative AI
AI Training Is Not Fair (According to One Court)
The concept of transformative use has emerged as a pivotal issue in fair-use analysis, particularly in cases that involve training data for artificial intelligence (AI). At its core, the transformative-use inquiry asks whether the new work repurposes original material to serve a markedly different function or market than that of the copyrighted work. In this ... AI Training Is Not Fair (According to One Court)
