I have not added a copyright post here since March 19, when the DC Circuit Court of Appeals affirmed in Thaler v. Perlmutter that works produced autonomously by generative AI (GAI) are not protected under U.S. copyright law. Although it is good to see the human authorship doctrine in copyright left undisturbed, it is a fleeting moment of sanity within ...
In the current political climate, it is important to clarify that no sensible Section 230 reformer proposes abolishing the statute or endorses threats to revoke the law on the basis of inapt and inaccurate allegations of “content bias.” Section 230 is not a content neutrality law, and statements to the contrary are political theater. Whether online platforms are too big ...
In almost every discussion I’ve had with creators about generative AI (GAI), I have said that we should not overlook Big Tech’s capacity for exaggeration and total flops. Because it is possible that AI products may be the next Google Glass due to cultural and/or economic forces that reject their business models. For instance, last week, Digital Music News (DMN) ...
One of many challenges with adoption of generative AI (GAI) tools is whether creators are willing to demonstrate a degree of solidarity on the matter—i.e., apply the principle we generally call fair trade. If Creator A uses a GAI that might be harmful to Creator B in a different field, and so on, will most creators take this broader perspective ...
The so-called “copyright war” began years before I joined the fight, arguably in 1999, when defenders of the P2P platform Napster equated music piracy with liberty. Thus, rather than a rational discussion about the interdependence of creators and technology, Big Tech cultivated a syncretic foundation from which to sell the paradox that devaluing individual rights was somehow good for democracy. ...
