Many creators feel very strongly that “training” AI models with unlicensed, copyrighted works is unjust—not least because generative AIs built on their creativities will put some creators out of business while enriching more tech moguls. It is both insult and injury to see one’s work used, without consideration, to underwrite the mechanism of one’s own obsolescence. But regardless of how ...
On May 18, the Supreme Court delivered opinions in Gonzalez v. Google and Twitter v. Taamneh, a pair of interrelated cases in which both plaintiffs sought to hold online platforms liable for hosting material meant to inspire acts of terrorism. Because the Court unanimously found in Taamneh that there was no basis in anti-terrorism law for liability (and therefore no ...
Digital Citizens Alliance (DCA) released a new report yesterday with the eye-popping statistic that 72% of Americans who subscribe to pirate media sites experience incidences of credit card fraud compared to 18% prevalence of credit card fraud among those who do not subscribe to pirate sites. These data are based on a survey of 2,030 Americans, of which 1 in ...
In Justice Kagan’s blistering dissent in AWF v. Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious). [Emphasis added] Kagan’s sweeping view that she could not imagine why there would be ...
In this Court, the sole question presented is whether the first fair use factor, “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes,” §107(1), weighs in favor of AWF’s recent commercial licensing to Condé Nast. Although the consideration in Andy Warhol Foundation v. Lynn Goldsmith is narrowly ...
